[House Report 104-136]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-136
_______________________________________________________________________


 
  PROVIDING FOR THE CONSIDERATION OF H.R. 1530, THE NATIONAL DEFENSE 
                 AUTHORIZATION ACT FOR FISCAL YEAR 1996

                                _______


June 8, 1995.--Referred to the House Calendar and ordered to be printed

_______________________________________________________________________


   Mr. Solomon, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 164]
    The Committee on Rules, having had under consideration 
House Resolution 164, by a record vote of 8 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 1530, 
the ``National Defense Authorization Act,'' under a structured 
rule. The rule waives all points of order against the bill and 
provides two hours of general debate divided equally between 
the chairman and ranking minority member of the Committee on 
National Security.
    The rule makes in order the National Security committee 
amendment in the nature of a substitute, as modified by 
striking section 807 (recoupment), and by an amendment printed 
in part 3 of the report on this rule (dealing with the Elk 
Hills Naval Petroleum Reserve), as original text for amendment 
purposes. The substitute shall be considered as read. The rule 
waives all points of order against the substitute.
    Unless otherwise specified in the rule, the rule makes in 
order only amendments printed in the Rules Committee report, 
certain amendments en bloc, and pro forma amendments offered by 
the chairman and ranking minority member of the National 
Security Committee. Except as otherwise specified in the rule, 
the amendments shall be considered in the order and manner 
specified in the report. The rule provides that amendments 
printed in Part 2 of the report shall be debatable for 10-
minutes each, equally divided and controlled by the proponent 
and opponent. The amendments shall be considered as read and 
are not subject to amendment unless otherwise specified in the 
report, and are not subject to a demand for a division of the 
question in the House or Committee of the Whole. The rule 
waives all points of order against the amendments printed in 
the report. The rule provides for an extra 30-minutes of 
general debate on Cooperative Threat Reduction with the former 
Soviet Union (Part 1, subpart A); and, an extra 60-minutes of 
general debate on ballistic missile defense (Part 1, subpart 
D).
    The rule provides that Rep. Clinger may offer a germane 
modification to his amendment on acquisition reform with the 
concurrence of Rep. Collins of Illinois.
    The chairman of the National Security Committee or his 
designee is authorized to offer amendments en bloc consisting 
of amendments in part 2 of the report or germane modifications 
thereto, which shall be considered as read except that 
modifications shall be reported, and which shall not be subject 
to amendment or a division of the question in the House or 
Committee of the Whole, and which shall be debatable for 20-
minutes. The rule waives all points of order against the en 
bloc amendments.
    The rule authorizes the Chairman of the Committee of the 
Whole to postpone consideration of a request for a recorded 
vote on any amendment and to reduce to 5-minutes the time for 
voting after the first of a series of votes.
    The Chairman of the Committee of the Whole is also 
authorized to recognize for consideration of any amendment 
printed in the report out of the order in which printed but not 
sooner than one hour after the chairman of the National 
Security Committee or a designee announces from the floor a 
request to that effect.
    The rule authorizes the chairman of the National Security 
Committee to offer an amendment not printed in the report to 
reconcile spending levels of bill with the final defense 
spending level contained in the conference report on the budget 
resolution, which shall be considered as read, shall not be 
subject to amendment or to a demand for a division of the 
question, and which shall be debatable for 10-minutes equally 
divided between the chairman and ranking minority member of the 
National Security Committee.
    Finally, the rule provides for one motion to recommit, with 
or without instructions.
                            committee votes

    Pursuant to clause 2(l)(2)(B) of House rule XI the results 
of each rollcall vote on an amendment or motion to report, 
together with the names of those voting for and against, are 
printed below:

Rules Committee rollcall No. 147

    Date: June 8, 1995.
    Measure: Rule for the consideration of H.R. 1530, National 
Defense Authorization Act.
    Motion By: Mr. Moakley.
    Summary of Motion: Make in order Schroeder amendment No. 48 
providing for a 4 percent across-the-board reduction in the 
funding levels in the bill.
    Results: Rejected, 4 to 8.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; Waldholtz--Nay; 
Moakley--Yea; Beilenson--Yea; Frost--Yea; Hall--Yea; Solomon--
Nay.

Rules Committee rollcall No. 148

    Date: June 8, 1995.
    Measure: Rule for consideration of H.R. 1530, National 
Defense Authorization Act.
    Motion By: Mr. Hall.
    Summary of Motion: Make in order Evans amendment No. 82 to 
restore $282 million for the Department of Energy's 
environmental restoration and waste management programs.
    Results: Rejected, 4 to 8.
    Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; Waldholtz--Nay; 
Moakley--Yea; Beilenson--Yea; Frost--Yea; Hall--Yea; Solomon--
Nay.

Rules Committee rollcall No. 149

    Date: June 8, 1995.
    Measure: Rule for consideration of H.R. 1530, National 
Defense Authorization Act.
    Motion By: Mr. Goss.
    Summary of Motion: To report the rule.
    Results: Adopted, 8 to 4.
    Vote by Member: Quillen--Yea; Dreier--Yea; Goss--Yea; 
Linder--Yea; Pryce--Yea; Diaz-Balart--Yea; Waldholtz--Yea; 
Moakley--Nay; Beilenson--Nay; Frost--Nay; Hall--Nay; Solomon--
Yea.
                                 PART 1

                           Subpart A: The B-2

  1. An Amendment To Be Offered by Representative Kasich of Ohio or a 
                   Designee, Debatable for 60 Minutes

    Strike out section 141 (page 21, lines 2 through 15) and 
insert in lieu thereof the following:

SEC. 141. LIMITATION ON AIRCRAFT PROCUREMENT FUNDING.

    The amount provided in section 103 for procurement of 
aircraft for the Air Force is hereby reduced by $553,000,000. 
None of the amount appropriated pursuant to authorization of 
appropriations in section 103 may be obligated for procurement 
of long-lead items for procurement of B-2 aircraft beyond the 
20 deployable aircraft and one test aircraft authorized by law 
before the date of the enactment of this Act.
                              ----------                              


  Subpart B: Cooperative Threat Reduction With the Former Soviet Union

1. An Amendment To Be Offered by Representative Dornan of California or 
                  a Designee, Debatable for 10 Minutes

    At the end of title XI (page 383, after line 9), insert the 
following new section:

SEC. 1108. LIMITATION ON COOPERATIVE THREAT REDUCING PROGRAM RELATING 
                    TO OFFENSIVE BIOLOGICAL WEAPONS PROGRAM IN RUSSIA.

    None of the funds appropriated pursuant to the 
authorization in section 301 for Cooperative Threat Reduction 
programs may be obligated or expended for programs or 
activities with Russia unless and until the President submits 
to Congress a certification in writing that Russia has 
terminated its offensive biological weapons program.
                              ----------                              


2. An Amendment To Be Offered by Representative Hamilton of Indiana or 
                  a Designee, Debatable for 10 Minutes

    Strike section 1105.
    Redesignate section 1106 and 1107 as sections 1105 and 1106 
respectively.
                              ----------                              


                     Subpart C: Acquisition Reform

1. An Amendment To Be Offered by Representative Clinger of Pennsylvania 
                or a Designee, Debatable for 40 Minutes
    After the heading for title VIII (page 323, after line 15), 
insert the following (and conform the table of contents 
accordingly):

                        Subtitle A--Competition

SEC. 801. IMPROVEMENT OF COMPETITION REQUIREMENTS.

  (a) Armed Services Acquisitions.--(1) Section 2304 of title 
10, United States Code, is amended to read as follows:

``Sec. 2304. Contracts: competition requirements

  ``(a) Maximum Practicable Competition.--Except as provided in 
subsections (b), (c), and (e) and except in the case of 
procurement procedures otherwise expressly authorized by 
statute, the head of an agency in conducting a procurement for 
property or services--
          ``(1) shall obtain maximum practicable competition 
        through the use of competitive procedures consistent 
        with the need to efficiently fulfill the Government's 
        requirements in accordance with this chapter and the 
        Federal Acquisition Regulation; and
          ``(2) shall use the competitive procedure or 
        combination of competitive procedures that is best 
        suited under the circumstances of the procurement.
  ``(b) Exclusion of Particular Source.--The head of an agency 
may provide for the procurement of property or services covered 
by this chapter using competitive procedures but excluding a 
particular source in order to establish or maintain an 
alternative source or sources of supply for that property or 
service. The Federal Acquisition Regulation shall set forth the 
circumstances under which a particular source may be excluded 
pursuant to this subsection.
  ``(c) Exclusion of Concerns Other Than Small Business 
Concerns and Certain Other Entities.--The head of an agency may 
provide for the procurement of property or services covered by 
this section using competitive procedures, but excluding 
concerns other than small business concerns in furtherance of 
sections 9 and 15 of the Small Business Act (15 U.S.C. 638, 
644) and concerns other than small business concerns, 
historically Black colleges and universities, and minority 
institutions in furtherance of section 2323 of this title.
  ``(d) Procedures Other Than Competitive Procedures.--
Procedures other than competitive procedures may be used for 
purchasing property and services only when the use of 
competitive procedures is not feasible or appropriate. Each 
procurement using procedures other than competitive procedures 
(other than a procurement for commercial items or a procurement 
in an amount not greater than the simplified acquisition 
threshold) shall be justified in writing and approved in 
accordance with the Federal Acquisition Regulation.
  ``(e) Simplified Procedures.--(1) In order to promote 
efficiency and economy in contracting and to avoid unnecessary 
burdens for agencies and contractors, the Federal Acquisition 
Regulation shall provide for special simplified procedures for 
purchases of property and services for amounts not greater than 
the simplified acquisition threshold.
  ``(2) A proposed purchase or contract for an amount above the 
simplified acquisition threshold may not be divided into 
several purchases or contracts for lesser amounts in order to 
use the simplified procedures required by paragraph (1).
  ``(3) In using simplified procedures, the head of an agency 
shall ensure that competition is obtained to the extent 
practicable consistent with the particular Government 
requirement.
  ``(f) Certain Contracts.--For the purposes of the following 
laws, purchases or contracts awarded after using procedures 
other than sealed-bid procedures shall be treated as if they 
were made with sealed-bid procedures:
          ``(1) The Walsh-Healey Act (41 U.S.C. 35-45).
          ``(2) The Act entitled `An Act relating to the rate 
        of wages for laborers and mechanics employed on public 
        buildings of the United States and the District of 
        Columbia by contractors and subcontractors, and for 
        other purposes', approved March 3, 1931 (commonly 
        referred to as the `Davis-Bacon Act') (40 U.S.C. 276a-
        276a-5).''.
  (2) Chapter 137 of title 10, United States Code, is amended 
by inserting before section 2305 a new section--
          (A) the designation and heading for which is as 
        follows:

``Sec. 2304f. Merit-based selection''; and

          (B) the text of which consists of subsection (j) of 
        section 2304 of such title, as in effect on the day 
        before the date of the enactment of this Act, 
        modified--
                  (i) by striking out the subsection 
                designation and the subsection heading;
                  (ii) in paragraphs (2)(A), (3), and (4), by 
                striking out ``subsection'' and inserting in 
                lieu thereof ``section'' each place it appears;
                  (iii) in paragraph (2)(C), by striking out 
                ``paragraph (1)'' and inserting in lieu thereof 
                ``subsection (a)'';
                  (iv) by redesignating paragraphs (1), (2), 
                (3), and (4) as subsections (a), (b), (c), and 
                (d), respectively; and
                  (v) in subsection (b) (as so redesignated), 
                by redesignating subparagraphs (A), (B), and 
                (C) as paragraphs (1), (2), and (3), 
                respectively.
  (3) The table of sections at the beginning of such chapter is 
amended by inserting before the item relating section 2305 the 
following new item:

``2304f. Merit-based selection.''.

  (b) Civilian Agency Acquisitions.--(1) Section 303 of the 
Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253) is amended to read as follows:

``SEC. 303. CONTRACTS: COMPETITION REQUIREMENTS.

  ``(a) Maximum Practicable Competition.--Except as provided in 
subsections (b), (c), and (e) and except in the case of 
procurement procedures otherwise expressly authorized by 
statute, an executive agency in conducting a procurement for 
property or services--
          ``(1) shall obtain maximum practicable competition 
        through the use of competitive procedures consistent 
        with the need to efficiently fulfill the Government's 
        requirements in accordance with this chapter and the 
        Federal Acquisition Regulation; and
          ``(2) shall use the competitive procedure or 
        combination of competitive procedures that is best 
        suited under the circumstances of the procurement.
  ``(b) Exclusion of Particular Source.--An executive agency 
may provide for the procurement of property or services covered 
by this chapter using competitive procedures but excluding a 
particular source in order to establish or maintain an 
alternative source or sources of supply for that property or 
service. The Federal Acquisition Regulation shall set forth the 
circumstances under which a particular source may be excluded 
pursuant to this subsection.
  ``(c) Exclusion of Concerns Other Than Small Business 
Concerns and Certain Other Entities.--An executive agency may 
provide for the procurement of property or services covered by 
this section using competitive procedures, but excluding 
concerns other than small business concerns in furtherance of 
sections 9 and 15 of the Small Business Act (15 U.S.C. 638, 
644) and concerns other than small business concerns, 
historically Black colleges and universities, and minority 
institutions in furtherance of section 7102 of the Federal 
Acquisition Streamlining Act of 1994 (15 U.S.C. 644 note).
  ``(d) Procedures Other Than Competitive Procedures.--
Procedures other than competitive procedures may be used for 
purchasing property and services only when the use of 
competitive procedures is not feasible or appropriate. Each 
procurement using procedures other than competitive procedures 
(other than a procurement for commercial items or a procurement 
in an amount not greater than the simplified acquisition 
threshold) shall be justified in writing and approved in 
accordance with the Federal Acquisition Regulation.
  ``(e) Simplified Procedures.--(1) In order to promote 
efficiency and economy in contracting and to avoid unnecessary 
burdens for agencies and contractors, the Federal Acquisition 
Regulation shall provide for special simplified procedures for 
purchases of property and services for amounts not greater than 
the simplified acquisition threshold.
  ``(2)(A) The Administrator of General Services shall 
prescribe regulations that provide special simplified 
procedures for acquisitions of leasehold interests in real 
property at rental rates that do not exceed the simplified 
acquisition threshold.
  ``(B) For purposes of subparagraph (A), the rental rate or 
rates under a multiyear lease do not exceed the simplified 
acquisition threshold if the average annual amount of the rent 
payable for the period of the lease does not exceed the 
simplified acquisition threshold.
  ``(3) A proposed purchase or contract or for an amount above 
the simplified acquisition threshold may not be divided into 
several purchases or contracts for lesser amounts in order to 
use the simplified procedures required by paragraph (1).
  ``(4) In using simplified procedures, an executive agency 
shall ensure that competition is obtained to the extent 
practicable consistent with the particular Government 
requirement.''.
  (2) Title III of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by 
inserting after section 303L a new section--
          (A) the designation and heading for which is as 
        follows:

``SEC. 303M. MERIT-BASED SELECTION.''; and

          (B) the text of which consists of subsection (h) of 
        section 303 of such Act, as in effect on the day before 
        the date of the enactment of this Act, modified--
                  (i) by striking out the subsection 
                designation and the subsection heading;
                  (ii) in paragraphs (2)(A), (3), and (4), by 
                striking out ``subsection'' and inserting in 
                lieu thereof ``section'' each place it appears;
                  (iii) in paragraph (2)(C), by striking out 
                ``paragraph (1)'' and inserting in lieu thereof 
                ``subsection (a)'';
                  (iv) by redesignating paragraphs (1), (2), 
                (3), and (4) as subsections (a), (b), (c), and 
                (d), respectively; and
                  (v) in subsection (b) (as so redesignated), 
                by redesignating subparagraphs (A), (B), and 
                (C) as paragraphs (1), (2), and (3), 
                respectively.
  (3) The table of contents for the Federal Property and 
Administrative Services Act of 1949 (contained in section 1(b)) 
is amended--
          (A) by striking out the item relating to section 303 
        and inserting in lieu thereof the following:

``Sec. 303. Contracts: competition requirements.''; and

          (B) by inserting after the item relating to section 
        303L the following new item:

``Sec. 303M. Merit-based selection.''.

  (c) Revisions to Procurement Notice Provisions.--Section 18 
of the Office of Federal Procurement Policy Act (41 U.S.C. 416) 
is amended in subsection (b)(4)--
          (1) by striking out ``all''; and
          (2) by striking out ``(as appropriate) which shall be 
        considered by the agency''.
  (d) Repeal of Duplicative Provisions.--Section 8 of the Small 
Business Act (15 U.S.C. 637) is amended--
          (1) by striking out subsections (e), (f), (g), (h), 
        and (i); and
          (2) by redesignating subsection (j) as subsection 
        (e).
  (e) Executive Agency Responsibilities.--(1) Section 16 of the 
Office of Federal Procurement Policy Act (41 U.S.C. 414) is 
amended--
          (A) by striking out ``achieve'' in the matter 
        preceding paragraph (1) and inserting in lieu thereof 
        ``promote''; and
          (B) by amending paragraph (1) to read as follows:
          ``(1) to implement maximum practicable competition in 
        the procurement of property or services by the 
        executive agency by establishing policies, procedures, 
        and practices that are consistent with the need to 
        efficiently fulfill the Government's requirements;''.
  (2) Section 20 of such Act (41 U.S.C. 418) is amended in 
subsection (a)(2)(A) by striking out ``serving in a position 
authorized for such executive agency on the date of enactment 
of the Competition in Contracting Act of 1984''.

SEC. 802. DEFINITION RELATING TO COMPETITION REQUIREMENTS.

  (a) Definition.--Paragraph (6) of section 4 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403) is amended to 
read as follows:
          ``(6) The term `maximum practicable competition', 
        when used with respect to a procurement, means that the 
        maximum number of responsible or verified sources, 
        consistent with the particular Government requirement, 
        are permitted to submit sealed bids or competitive 
        proposals on the procurement.''.
  (b) Conforming Amendments.--
          (1) Office of federal procurement policy act.--The 
        Office of Federal Procurement Policy Act is further 
        amended--
                  (A) in section 4(5), by striking out ``full 
                and open'' and inserting ``maximum 
                practicable''; and
                  (B) in section 20, by striking out ``full and 
                open'' and inserting in lieu thereof ``maximum 
                practicable'' each place it appears in 
                subsection (b)(1), subsection (b)(3)(A), 
                subsection (b)(4)(C), and subsection (c);
          (2) Title 10.--Title 10, United States Code, is 
        amended--
                  (A) in section 2302(2), by striking out 
                ``pursuant to full and open competition'' and 
                inserting in lieu thereof ``using maximum 
                practicable competition'';
                  (B) in section 2323(e)(3), by striking out 
                ``less than full and open'' and inserting in 
                lieu thereof ``procedures other than''; and
                  (C) in each of the following sections, by 
                striking out ``full and open'' and inserting in 
                lieu thereof ``maximum practicable'':
                          (i) Section 2302(3).
                          (ii) Section 2305(a)(1)(A)(i).
                          (iii) Section 2305(a)(1)(A)(iii).
                          (iv) Section 2323(i)(3)(A).
          (3) Federal property and administrative services 
        act.--Title III of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 251 et 
        seq.) is amended--
                  (A) in section 309(b), by striking out 
                ``pursuant to full and open competition'' and 
                inserting in lieu thereof ``using maximum 
                practicable competition''; and
                  (B) in each of the following sections, by 
                striking out ``full and open'' and inserting in 
                lieu thereof ``maximum practicable'':
                          (i) Section 303A(a)(1)(A).
                          (ii) Section 303A(a)(1)(C).
                          (iii) Section 304B(a)(2)(B).
                          (iv) Section 309(c)(4).
          (4) Other laws.--(A) Section 7102 of the Federal 
        Acquisition Streamlining Act of 1994 (108 Stat. 3367; 
        15 U.S.C. 644 note) is amended in subsection (a)(1)(A) 
        by striking out ``less than full and open competition'' 
        and inserting in lieu thereof ``procedures other than 
        competitive procedures''.
          (B) Section 15(l) of the Small Business Act (15 
        U.S.C. 644(l)) is amended in paragraph (1) and in 
        paragraph (2)(A) by striking out ``full and open'' and 
        inserting in lieu thereof ``maximum practicable'' each 
        place it appears.

SEC. 803. CONTRACT SOLICITATION AMENDMENTS.

  (a) Armed Services Acquisitions.--Section 2305 of title 10, 
United States Code, is amended--
          (1) in subsection (a)(1)--
                  (A) by striking out subparagraph (B); and
                  (B) by redesignating subparagraph (C) as 
                subparagraph (B) and in that subparagraph by 
                striking out ``subparagraphs (A) and (B)'' and 
                inserting in lieu thereof ``subparagraph (A)''; 
                and
          (2) in subsection (b)(4)(A)(i), by striking out 
        ``all'' and inserting in lieu thereof ``the''.
  (b) Civilian Agency Acquisitions.--(1) Section 303A of the 
Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253a) is amended--
          (A) by striking out paragraph (2); and
          (B) by redesignating paragraph (3) as paragraph (2) 
        and in that paragraph by striking out ``paragraphs (1) 
        and (2)'' and inserting in lieu there of ``paragraph 
        (1)''.
  (2) Section 303B(d)(1)(A) of such Act (41 U.S.C. 253b) is 
amended by striking out ``all'' and inserting in lieu thereof 
``the''.

SEC. 804. PREAWARD DEBRIEFINGS.

  (a) Armed Services Acquisitions.--Section 2305(b) of title 
10, United States Code, is amended--
          (1) by striking out subparagraph (F) of paragraph 
        (5);
          (2) by redesignating paragraph (6) as paragraph (8); 
        and
          (3) by inserting after paragraph (5) the following 
        new paragraphs:
          ``(6)(A) When the contracting officer excludes an 
        offeror submitting a competitive proposal from the 
        competitive range (or otherwise excludes such an 
        offeror from further consideration prior to the final 
        source selection decision), the excluded offeror may 
        request in writing, within three days after the date on 
        which the excluded offeror receives notice of its 
        exclusion, a debriefing prior to award. The contracting 
        officer shall make every effort to debrief the 
        unsuccessful offeror as soon as practicable and may 
        refuse the request for a debriefing if it is not in the 
        best interests of the Government to conduct a 
        debriefing at that time.
          ``(B) The contracting officer is required to debrief 
        an excluded offeror in accordance with paragraph (5) of 
        this section only if that offeror requested and was 
        refused a preaward debriefing under subparagraph (A) of 
        this paragraph.
          ``(C) The debriefing conducted under this subsection 
        shall include--
                  ``(i) the executive agency's evaluation of 
                the significant elements in the offeror's 
                offer;
                  ``(ii) a summary of the rationale for the 
                offeror's exclusion; and
                  ``(iii) reasonable responses to relevant 
                questions posed by the debriefed offeror as to 
                whether source selection procedures set forth 
                in the solicitation, applicable regulations, 
                and other applicable authorities were followed 
                by the executive agency.
          ``(D) The debriefing conducted pursuant to this 
        subsection may not disclose the number or identity of 
        other offerors and shall not disclose information about 
        the content, ranking, or evaluation of other offerors' 
        proposals.
  ``(7) The contracting officer shall include a summary of any 
debriefing conducted under paragraph (5) or (6) in the contract 
file.''.
  (b) Civilian Agency Acquisitions.--Section 303B of the 
Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253b) is amended--
          (1) by striking out paragraph (6) of subsection (e);
          (2) by redesignating subsections (f), (g), (h), and 
        (i) as subsections (h), (i), (j), and (k), 
        respectively; and
          (3) by inserting after subsection (e) the following 
        new subsections:
  ``(f)(1) When the contracting officer excludes an offeror 
submitting a competitive proposal from the competitive range 
(or otherwise excludes such an offeror from further 
consideration prior to the final source selection decision), 
the excluded offeror may request in writing, within 3 days 
after the date on which the excluded offeror receives notice of 
its exclusion, a debriefing prior to award. The contracting 
officer shall make every effort to debrief the unsuccessful 
offeror as soon as practicable and may refuse the request for a 
debriefing if it is not in the best interests of the Government 
to conduct a debriefing at that time.
  ``(2) The contracting officer is required to debrief an 
excluded offeror in accordance with subsection (e) of this 
section only if that offeror requested and was refused a 
preaward debriefing under paragraph (1) of this subsection.
  ``(3) The debriefing conducted under this subsection shall 
include--
          ``(A) the executive agency's evaluation of the 
        significant elements in the offeror's offer;
          ``(B) a summary of the rationale for the offeror's 
        exclusion; and
          ``(C) reasonable responses to relevant questions 
        posed by the debriefed offeror as to whether source 
        selection procedures set forth in the solicitation, 
        applicable regulations, and other applicable 
        authorities were followed by the executive agency.
  ``(4) The debriefing conducted pursuant to this subsection 
may not disclose the number or identity of other offerors and 
shall not disclose information about the content, ranking, or 
evaluation of other offerors' proposals.
  ``(g) The contracting officer shall include a summary of the 
any debriefing conducted under subsection (e) or (f) in the 
contract file.''.

SEC. 805. CONTRACT TYPES.

  (a) Armed Services Acquisitions.--(1) Section 2306 of title 
10, United States Code, is amended--
          (A) by inserting before the period at the end of 
        subsection (a) the following: ``, based on market 
        conditions, established commercial practice (if any) 
        for the product or service being acquired, and sound 
        business judgment'';
          (B) by striking out subsections (b), (d), (e), (f), 
        and (h); and
          (C) by redesignating subsection (g) as subsection 
        (b).
  (2) The heading of such section is amended to read as 
follows:

``Sec. 2306. Contract types''.

  (b) Civilian Agency Acquisitions.--(1) Section 304 of the 
Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 254) is amended--
          (A) by inserting before the period at the end of the 
        first sentence of subsection (a) the following: ``, 
        based on market conditions, established commercial 
        practice (if any) for the product or service being 
        acquired, and sound business judgment''; and
          (B) by striking out ``Every contract award'' in the 
        second sentence of subsection (a) and all that follows 
        through the end of the section.
  (2) The heading of such section is amended to read as 
follows:

``SEC. 304. CONTRACT TYPES.''.

  (c) Conforming Repeals.--(1) Sections 4540, 7212, and 9540 of 
title 10, United States Code, are repealed.
  (2) The table of sections at the beginning of chapter 433 of 
such title is amended by striking out the item relating to 
section 4540.
  (3) The table of sections at the beginning of chapter 631 of 
such title is amended by striking out the item relating to 
section 7212.
  (4) The table of sections at the beginning of chapter 933 of 
such title is amended by striking out the item relating to 
section 9540.
  (d) Civil Works Authority.--(1) Chapter 137 of title 10, 
United States Code, is amended by adding at the end the 
following new section:

``Sec. 2332. Contracts for architectural and engineering services and 
                    construction design

  ``The Secretary of Defense and the Secretaries of the 
military departments may enter into contracts for architectural 
and engineering services in connection with a military 
construction or family housing project or for other Department 
of Defense or military department purposes. Such contracts 
shall be awarded in accordance with the Brooks Architect-
Engineers Act (40 U.S.C. 541 et seq.).''.
  (2) The table of sections at the beginning of chapter 137 of 
such title is amended by adding at the end the following new 
item:

``2332. Contracts for architectural and engineering services and 
          construction design.''.

  (3) Section 2855 of such title is repealed. The table of 
sections at the beginning of chapter 169 of such title is 
amended by striking out the item relating to such section.

SEC. 806. CONTRACTOR PERFORMANCE.

  (a) Requirement for System.--The Office of Federal 
Procurement Policy Act (41 U.S.C. 401 et seq.) is amended by 
adding at the end the following new section:

``SEC. 35. CONTRACTOR PERFORMANCE.

  ``(a) Verification Authorized.--The Federal Acquisition 
Regulation shall provide a contractor verification system for 
the procurement of particular property or services that are 
procured by executive agencies on a repetitive basis. Under the 
system, the head of an executive agency--
          ``(1) shall use competitive procedures to verify 
        contractors as eligible for contracts to furnish such 
        property or services; and
          ``(2) shall award verifications on the basis of the 
        relative efficiency and effectiveness of the business 
        practices, level of quality, and demonstrated contract 
        performance of the responding contractors with regard 
        to the particular property or services.
  ``(b) Procurement From Verified Contractors.--The Federal 
Acquisition Regulation shall provide procedures under which the 
head of an executive agency may enter into a contract for a 
procurement of property or services referred to in subsection 
(a) on the basis of a competition among contractors verified 
with respect to such property or services pursuant to that 
subsection.
  ``(c) Termination of Verification.--The Federal Acquisition 
Regulation shall provide procedures under which the head of an 
executive agency--
          ``(1) may provide for the termination of a 
        verification awarded a contractor under this section 
        upon the expiration of a period specified by the head 
        of an executive agency; and
          ``(2) may revoke a verification awarded a contractor 
        under this section upon a determination that the 
        quality of performance of the contractor does not meet 
        standards applied by the head of the executive agency 
        as of the time of the revocation decision.''.
  (b) Repeals.--Section 2319 of title 10, United States Code, 
is repealed. Section 303C of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253c) is 
repealed.
  (c) Clerical Amendments.--(1) The table of contents for the 
Office of Federal Procurement Policy Act (contained in section 
1(b)) is amended by adding at the end the following new item:

``Sec. 35. Contractor performance.''.

  (2) The table of sections at the beginning of chapter 137 of 
title 10, United States Code, is amended by striking out the 
item relating to section 2319.
  (3) The table of contents for the Federal Property and 
Administrative Services Act of 1949 (contained in section 1(b)) 
is amended by striking out the item relating to section 303C.
                      Subtitle B--Commercial Items

SEC. 811. COMMERCIAL ITEM EXCEPTION TO REQUIREMENT FOR COST OR PRICING 
                    DATA AND INFORMATION LIMITATIONS.

  (a) Armed Services Acquisitions.--(1) Subsections (b), (c), 
and (d) of section 2306a of title 10, United States Code, are 
amended to read as follows:
  ``(b) Exceptions.--
          ``(1) In general.--Submission of cost or pricing data 
        shall not be required under subsection (a) in the case 
        of a contract, a subcontract, or modification of a 
        contract or subcontract--
                  ``(A) for which the price agreed upon is 
                based on--
                          ``(i) adequate price competition; or
                          ``(ii) prices set by law or 
                        regulation;
                  ``(B) for the acquisition of a commercial 
                item; or
                  ``(C) in an exceptional case when the head of 
                the procuring activity, without delegation, 
                determines that the requirements of this 
                section may be waived and justifies in writing 
                the reasons for such determination.
          ``(2) Modifications of contracts and subcontracts for 
        commercial items.--In the case of a modification of a 
        contract or subcontract for a commercial item that is 
        not covered by the exception on the submission of cost 
        or pricing data in paragraph (1)(A) or (1)(B), 
        submission of cost or pricing data shall not be 
        required under subsection (a) if--
                  ``(A) the contract or subcontract being 
                modified is a contract or subcontract for which 
                submission of cost or pricing data may not be 
                required by reason of paragraph (1)(A) or 
                (1)(B); and
                  ``(B) the modification would not change the 
                contract or subcontract, as the case may be, 
                from a contract or subcontract for the 
                acquisition of a commercial item to a contract 
                or subcontract for the acquisition of an item 
                other than a commercial item.
  ``(c) Authority To Require Cost or Pricing Data on Below-
Threshold Contracts.--(1) Subject to paragraph (2), when 
certified cost or pricing data are not required to be submitted 
by subsection (a) for a contract, subcontract, or modification 
of a contract or subcontract, such data may nevertheless be 
required to be submitted by the head of the procuring activity, 
but only if the head of the procuring activity determines that 
such data are necessary for the evaluation by the agency of the 
reasonableness of the price of the contract, subcontract, or 
modification of a contract or subcontract. In any case in which 
the head of the procuring activity requires such data to be 
submitted under this subsection, the head of the procuring 
activity shall justify in writing the reason for such 
requirement.
  ``(2) The head of the procuring activity may not require 
certified cost or pricing data to be submitted under this 
paragraph for any contract or subcontract, or modification of a 
contract or subcontract, covered by the exceptions in 
subparagraph (A) or (B) of subsection (b)(1).
  ``(3) The head of a procuring activity may not delegate 
functions under this paragraph.
  ``(d) Limitations on Other Information.--The Federal 
Acquisition Regulation shall include the following:
          ``(1) Provisions concerning the types of information 
        that contracting officers may consider in determining 
        whether the price of a procurement to the Government is 
        fair and reasonable when certified cost or pricing data 
        are not required to be submitted under this section, 
        including appropriate information on the prices at 
        which the same item or similar items have previously 
        been sold that is adequate for evaluating the 
        reasonableness of the price of the proposed contract or 
        subcontract for the procurement.
          ``(2) Reasonable limitations on requests for sales 
        data relating to commercial items.
          ``(3) A requirement that a contracting officer shall, 
        to the maximum extent practicable, limit the scope of 
        any request for information relating to commercial 
        items from an offeror to only that information that is 
        in the form regularly maintained by the offeror in 
        commercial operations.
          ``(4) A statement that any information received 
        relating to commercial items that is exempt from 
        disclosure under section 552(b) of title 5 shall not be 
        disclosed by the Federal Government.''.
  (2) Section 2306a of such title is further amended--
          (A) by striking out subsection (h); and
          (B) by redesignating subsection (i) as subsection 
        (h).
  (3) Section 2375 of title 10, United States Code, is amended 
by striking out subsection (c).
  (b) Civilian Agency Acquisitions.--(1) Subsections (b), (c) 
and (d) of section 304A of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 254b) are 
amended to read as follows:
  ``(b) Exceptions.--
          ``(1) In general.--Submission of cost or pricing data 
        shall not be required under subsection (a) in the case 
        of a contract, a subcontract, or a modification of a 
        contract or subcontract--
                  ``(A) for which the price agreed upon is 
                based on--
                          ``(i) adequate price competition; or
                          ``(ii) prices set by law or 
                        regulation;
                  ``(B) for the acquisition of a commercial 
                item; or
                  ``(C) in an exceptional case when the head of 
                the procuring activity, without delegation, 
                determines that the requirements of this 
                section may be waived and justifies in writing 
                the reasons for such determination.
          ``(2) Modifications of contracts and subcontracts for 
        commercial items.--In the case of a modification of a 
        contract or subcontract for a commercial item that is 
        not covered by the exception on the submission of cost 
        or pricing data in paragraph (1)(A) or (1)(B), 
        submission of cost or pricing data shall not be 
        required under subsection (a) if--
                  ``(A) the contract or subcontract being 
                modified is a contract or subcontract for which 
                submission of cost or pricing data may not be 
                required by reason of paragraph (1)(A) or 
                (1)(B); and
                  ``(B) the modification would not change the 
                contract or subcontract, as the case may be, 
                from a contract or subcontract for the 
                acquisition of a commercial item to a contract 
                or subcontract for the acquisition of an item 
                other than a commercial item.
  ``(c) Authority To Require Cost or Pricing Data on Below-
Threshold Contracts.--(1) Subject to paragraph (2), when 
certified cost or pricing data are not required to be submitted 
by subsection (a) for a contract, subcontract, or modification 
of a contract or subcontract, such data may nevertheless be 
required to be submitted by the head of the procuring activity, 
but only if the head of the procuring activity determines that 
such data are necessary for the evaluation by the agency of the 
reasonableness of the price of the contract, subcontract, or 
modification of a contract or subcontract. In any case in which 
the head of the procuring activity requires such data to be 
submitted under this subsection, the head of the procuring 
activity shall justify in writing the reason for such 
requirement.
  ``(2) The head of the procuring activity may not require 
certified cost or pricing data to be submitted under this 
paragraph for any contract or subcontract, or modification of a 
contract or subcontract, covered by the exceptions in 
subparagraph (A) or (B) of subsection (b)(1).
  ``(3) The head of a procuring activity may not delegate the 
functions under this paragraph.
  ``(d) Limitations on Other Information.--The Federal 
Acquisition Regulation shall include the following:
          ``(1) Provisions concerning the types of information 
        that contracting officers may consider in determining 
        whether the price of a procurement to the Government is 
        fair and reasonable when certified cost or pricing data 
        are not required to be submitted under this section, 
        including appropriate information on the prices at 
        which the same item or similar items have previously 
        been sold that is adequate for evaluating the 
        reasonableness of the price of the proposed contract or 
        subcontract for the procurement.
          ``(2) Reasonable limitations on requests for sales 
        data relating to commercial items.
          ``(3) A requirement that a contracting officer shall, 
        to the maximum extent practicable, limit the scope of 
        any request for information relating to commercial 
        items from an offeror to only that information that is 
        in the form regularly maintained by the offeror in 
        commercial operations.
          ``(4) A statement that any information received 
        relating to commercial items that is exempt from 
        disclosure under section 552(b) of title 5 shall not be 
        disclosed by the Federal Government.''.
  (2) Section 304A of such Act is further amended--
          (A) by striking out subsection (h); and
          (B) by redesignating subsection (i) as subsection 
        (h).

SEC. 812. APPLICATION OF SIMPLIFIED PROCEDURES TO COMMERCIAL ITEMS.

  (a) Armed Services Acquisitions.--Section 2304(e)(1) of title 
10, United States Code, as added by section 801(a), is amended 
by inserting after ``special simplified procedures'' the 
following: ``for purchases of commercial items and''.
  (b) Civilian Agency Acquisitions.--Section 303(e)(1) of the 
Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253), as added by section 801(b), is amended by 
inserting after ``special simplified procedures'' the 
following: ``for purchases of commercial items and''.
  (c) Simplified Notice.--Section 18 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 416) is amended in subsection 
(a)(5) (as redesignated by section 801(d))--
          (1) by striking out ``limited''; and
          (2) by inserting before ``submission'' the following: 
        ``issuance of solicitations and the''.

SEC. 813. AMENDMENT TO DEFINITION OF COMMERCIAL ITEMS.

  Section 4(12)(F) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 403(12)(F)) is amended by striking out 
``catalog''.

SEC. 814. INAPPLICABILITY OF COST ACCOUNTING STANDARDS TO CONTRACTS AND 
                    SUBCONTRACTS FOR COMMERCIAL ITEMS.

  Subparagraph (B) of section 26(f)(2) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 422(f)(2)) is amended--
          (1) by striking out clause (i) and inserting in lieu 
        thereof the following:
          ``(i) Contracts or subcontracts for the acquisition 
        of commercial items.''; and
          (2) by striking out clause (iii).

                Subtitle C--Additional Reform Provisions
  Redesignate sections 801, 802, 803, 804, 805, 806, 807, and 
808 as sections 821, 822, 823, 824, 825, 826, 827, and 828, 
respectively (and conform the table of contents accordingly).
  Add at the end of title VIII (page 329, after line 13) the 
following (and conform the table of contents accordingly):
SEC. 829. GOVERNMENT RELIANCE ON THE PRIVATE SECTOR.

  (a) Government Reliance on the Private Sector.--The Office of 
Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is 
amended by inserting after section 16 the following new 
section:

``SEC. 17. GOVERNMENT RELIANCE ON THE PRIVATE SECTOR.

  ``It is the policy of the Federal Government to rely on the 
private sector to supply the products and services the Federal 
Government needs.''.
  (b) Clerical Amendment.--The table of contents for the Office 
of Federal Procurement Policy Act (contained in section 1(b)) 
is amended by inserting after the item relating to section 16 
the following new item:

``Sec. 17. Government reliance on the private sector.''.
SEC. 830. ELIMINATION OF CERTAIN CERTIFICATION REQUIREMENTS.

  (a) Elimination of Certain Statutory Certification 
Requirements.--(1)(A) Section 2410 of title 10, United States 
Code, is amended--
          (i) in the heading, by striking out ``: 
        certification''; and
          (ii) in subsection (a)--
                  (I) in the heading, by striking out 
                ``Certification'';
                  (II) by striking out ``unless'' and all that 
                follows through ``that--'' and inserting in 
                lieu thereof ``unless--''; and
                  (III) in paragraph (2), by striking out ``to 
                the best of that person's knowledge and 
                belief''.
  (B) The item relating to section 2410 in the table of 
sections at the beginning of chapter 141 of such title is 
amended to read as follows:

``Sec. 2410. Requests for equitable adjustment or other relief.''.

  (2) Section 2410b of title 10, United States Code, is amended 
in paragraph (2) by striking out ``certification and''.
  (3) Section 1352(b)(2) of title 31, United States Code, is 
amended--
          (A) by striking out subparagraph (C); and
          (B) by inserting ``and'' after the semicolon at the 
        end of subparagraph (A).
  (4) Section 5152 of the Drug-Free Workplace Act of 1988 (41 
U.S.C. 701) is amended--
          (A) in subsection (a)(1), by striking out ``has 
        certified to the contracting agency that it will'' and 
        inserting in lieu thereof ``agrees to'';
          (B) in subsection (a)(2), by striking out ``contract 
        includes a certification by the individual'' and 
        inserting in lieu thereof ``individual agrees''; and
          (C) in subsection (b)(1)--
                  (i) by striking out subparagraph (A);
                  (ii) by redesignating subparagraph (B) as 
                subparagraph (A) and in that subparagraph by 
                striking out ``such certification by failing to 
                carry out''; and
                  (iii) by redesignating subparagraph (C) as 
                subparagraph (B).
  (b) Elimination of Certain Regulatory Certification 
Requirements.--
          (1) Current certification requirements.--Not later 
        than 210 days after the date of the enactment of this 
        Act, any certification required of contractors or 
        offerors by the Federal Acquisition Regulation or an 
        executive agency procurement regulation that is not 
        specifically imposed by statute shall be removed by the 
        Administrator for Federal Procurement Policy from the 
        Federal Acquisition Regulation or such agency 
        regulation unless--
                  (A) written justification for such 
                certification is provided to the Administrator 
                (i) by the Federal Acquisition Regulatory 
                Council (in the case of a certification in the 
                Federal Acquisition Regulation), or (ii) by the 
                head of an executive agency (in the case of a 
                certification in an executive agency 
                procurement regulation); and
                  (B) the Administrator approves in writing the 
                retention of such certification.
          (2) Future certification requirements.--(A) Section 
        29 of the Office of Federal Procurement Policy Act (41 
        U.S.C. 425) is amended--
                  (i) by amending the heading to read as 
                follows:

``SEC. 22. CONTRACT CLAUSES AND CERTIFICATIONS.'';

                  (ii) by inserting ``(a) Nonstandard Contract 
                Clauses.--'' before ``The Federal 
                Acquisition''; and
                  (iii) by adding at the end the following new 
                subsection:
  ``(b) Prohibition on Certification Requirements.--A 
requirement for a certification by a contractor or offeror may 
not be included in the Federal Acquisition Regulation or an 
executive agency procurement regulation unless--
          ``(1) the certification is specifically imposed by 
        statute; or
          ``(2) written justification for such certification is 
        provided to the Administrator for Federal Procurement 
        Policy (A) by the Federal Acquisition Regulatory 
        Council (in the case of a certification in the Federal 
        Acquisition Regulation), or (B) the head of an 
        executive agency (in the case of a certification in an 
        executive agency procurement regulation), and the 
        Administrator approves in writing the inclusion of such 
        certification.''.
  (B) The item relating to section 29 in the table of contents 
for the Office of Federal Procurement Policy Act (contained in 
section 1(b)) (41 U.S.C. 401 note) is amended to read as 
follows:

``Sec. 29. Contract clauses and certifications.''.
SEC. 831. AMENDMENT TO COMMENCEMENT AND EXPIRATION OF AUTHORITY TO 
                    CONDUCT CERTAIN TESTS OF PROCUREMENT PROCEDURES.

  Subsection (j) of section 5061 of the Federal Acquisition 
Streamlining Act of 1994 (41 U.S.C. 413 note) is amended to 
read as follows:
  ``(j) Commencement and Expiration of Authority.--The 
authority to conduct a test under subsection (a) in an agency 
and to award contracts under such a test shall take effect on 
August 1, 1995, and shall expire on August 1, 2000. Contracts 
entered into before such authority expires in an agency 
pursuant to a test shall remain in effect, notwithstanding the 
expiration of the authority to conduct the test under this 
section.''.

SEC. 832. PROCUREMENT INTEGRITY.

  (a) Amendment of Procurement Integrity Provision.--Section 27 
of the Office of Federal Procurement Policy Act (41 U.S.C. 423) 
is amended to read as follows:

``SEC. 27. RESTRICTIONS ON DISCLOSING AND OBTAINING CONTRACTOR BID OR 
                    PROPOSAL INFORMATION OR SOURCE SELECTION 
                    INFORMATION.

  ``(a) Prohibition on Disclosing Procurement Information.--(1) 
A person described in paragraph (2) shall not, other than as 
provided by law, knowingly and willfully disclose contractor 
bid or proposal information or source selection information 
before the award of a Federal agency procurement contract to 
which the information relates.
  ``(2) Paragraph (1) applies to any person who--
          ``(A) is a present or former officer or employee of 
        the United States, or a person who is acting or has 
        acted for or on behalf of, or who is advising or has 
        advised the United States with respect to, a Federal 
        agency procurement; and
          ``(B) by virtue of that office, employment, or 
        relationship has or had access to contractor bid or 
        proposal information or source selection information.
  ``(b) Prohibition on Obtaining Procurement Information.--A 
person shall not, other than as provided by law, knowingly and 
willfully obtain contractor bid or proposal information or 
source selection information before the award of a Federal 
agency procurement contract to which the information relates.
  ``(c) Prohibition on Disclosing or Obtaining Procurement 
Information in Connection With a Protest.--(1) A person shall 
not, other than as provided by law, knowingly and willfully 
violate the terms of a protective order described in paragraph 
(2) by disclosing or obtaining contractor bid or proposal 
information or source selection information related to the 
procurement contract concerned.
  ``(2) Paragraph (1) applies to any protective order issued by 
the the United States Board of Contract Appeals in connection 
with a protest against the award or proposed award of a Federal 
agency procurement contract.
  ``(d) Penalties and Administrative Actions.--
          ``(1) Criminal penalties.--
                  ``(A) Whoever engages in conduct constituting 
                an offense under subsection (a), (b), or (c) 
                shall be imprisoned for not more than one year 
                or fined as provided under title 18, United 
                States Code, or both.
                  ``(B) Whoever engages in conduct constituting 
                an offense under subsection (a), (b), or (c) 
                for the purpose of either--
                          ``(i) exchanging the information 
                        covered by such subsection for anything 
                        of value, or
                          ``(ii) obtaining or giving anyone a 
                        competitive advantage in the award of a 
                        Federal agency procurement contract,
                shall be imprisoned for not more than five 
                years or fined as provided under title 18, 
                United States Code, or both.
          ``(2) Civil penalties.--The Attorney General may 
        bring a civil action in the appropriate United States 
        district court against any person who engages in 
        conduct constituting an offense under subsection (a), 
        (b), or (c). Upon proof of such conduct by a 
        preponderance of the evidence, the person is subject to 
        a civil penalty. An individual who engages in such 
        conduct is subject to a civil penalty of not more than 
        $50,000 for each violation plus twice the amount of 
        compensation which the individual received or offered 
        for the prohibited conduct. An organization that 
        engages in such conduct is subject to a civil penalty 
        of not more than $500,000 for each violation plus twice 
        the amount of compensation which the organization 
        received or offered for the prohibited conduct.
          ``(3) Administrative actions.--(A) If a Federal 
        agency receives information that a contractor or a 
        person has engaged in conduct constituting an offense 
        under subsection (a), (b), or (c), the Federal agency 
        shall consider taking one or more of the following 
        actions, as appropriate:
                  ``(i) Cancellation of the Federal agency 
                procurement, if a contract has not yet been 
                awarded.
                  ``(ii) Rescission of a contract with respect 
                to which--
                          ``(I) the contractor or someone 
                        acting for the contractor has been 
                        convicted for an offense under 
                        subsection (a), (b), or (c), or
                          ``(II) the head of the agency that 
                        awarded the contract has determined, 
                        based upon clear and convincing 
                        evidence, that the contractor or 
                        someone acting for the contractor has 
                        engaged in conduct constituting such an 
                        offense.
                  ``(iii) Initiation of suspension or debarment 
                proceedings for the protection of the 
                Government in accordance with procedures in the 
                Federal Acquisition Regulation.
                  ``(iv) Initiation of adverse personnel 
                action, pursuant to the procedures in chapter 
                75 of title 5, United States Code, or other 
                applicable law or regulation.
          ``(B) If a Federal agency rescinds a contract 
        pursuant to subparagraph (A)(ii), the United States is 
        entitled to recover, in addition to any penalty 
        prescribed by law, the amount expended under the 
        contract.
          ``(C) For purposes of any suspension or debarment 
        proceedings initiated pursuant to subparagraph 
        (A)(iii), engaging in conduct constituting an offense 
        under subsection (a), (b), or (c) affects the present 
        responsibility of a Government contractor or 
        subcontractor.
  ``(e) Definitions.--As used in this section:
          ``(1) The term `contractor bid or proposal 
        information' means any of the following information 
        submitted to a Federal agency as part of or in 
        connection with a bid or proposal to enter into a 
        Federal agency procurement contract, if that 
        information has not been previously made available to 
        the public or disclosed publicly:
                  ``(A) Cost or pricing data (as defined by 
                section 2306a(h) of title 10, United States 
                Code, with respect to procurements subject to 
                that section, and section 304A(h) of Federal 
                Property and Administrative Services Act of 
                1949 (41 U.S.C. 254b(h), with respect to 
                procurements subject to that section).
                  ``(B) Indirect costs and direct labor rates.
                  ``(C) Proprietary information about 
                manufacturing processes, operations, or 
                techniques marked by the contractor in 
                accordance with applicable law or regulation.
                  ``(D) Information marked by the contractor as 
                `contractor bid or proposal information', in 
                accordance with applicable law or regulation.
          ``(2) The term `source selection information' means 
        any of the following information prepared for use by a 
        Federal agency for the purpose of evaluating a bid or 
        proposal to enter into a Federal agency procurement 
        contract, if that information has not been previously 
        made available to the public or disclosed publicly:
                  ``(A) Bid prices submitted in response to a 
                Federal agency solicitation for sealed bids, or 
                lists of those bid prices before public bid 
                opening.
                  ``(B) Proposed costs or prices submitted in 
                response to a Federal agency solicitation, or 
                lists of those proposed costs or prices.
                  ``(C) Source selection plans.
                  ``(D) Technical evaluation plans.
                  ``(E) Technical evaluations of proposals.
                  ``(F) Cost or price evaluations of proposals.
                  ``(G) Competitive range determinations that 
                identify proposals that have a reasonable 
                chance of being selected for award of a 
                contract.
                  ``(H) Rankings of bids, proposals, or 
                competitors.
                  ``(I) The reports and evaluations of source 
                selection panels, boards, or advisory councils.
                  ``(J) Other information marked as `source 
                selection information' based on a case-by-case 
                determination by the head of the agency, his 
                designee, or the contracting officer that its 
                disclosure would jeopardize the integrity or 
                successful completion of the Federal agency 
                procurement to which the information relates.
          ``(3) The term `Federal agency' has the meaning 
        provided such term in section 3 of the Federal Property 
        and Administrative Services Act of 1949 (40 U.S.C. 
        472).
          ``(4) The term `Federal agency procurement' means the 
        acquisition (by using competitive procedures and 
        awarding a contract) of goods or services (including 
        construction) from non-Federal sources by a Federal 
        agency using appropriated funds.
          ``(5) The term `contracting officer' means a person 
        who, by appointment in accordance with applicable 
        regulations, has the authority to enter into a Federal 
        agency procurement contract on behalf of the Government 
        and to make determinations and findings with respect to 
        such a contract.
          ``(6) The term `protest' means a written objection by 
        an interested party to the award or proposed award of a 
        Federal agency procurement contract, pursuant to title 
        IV of the Federal Acquisition Reform Act of 1995.
  ``(f) Limitation on Protests.--No person may file a protest 
against the award or proposed award of a Federal agency 
procurement contract alleging an offense under subsection (a), 
(b), or (c), of this section, nor may the United States Board 
of Contract Appeals consider such an allegation in deciding a 
protest, unless that person reported to the Federal agency 
responsible for the procurement information that the person 
believed constituted evidence of the offense no later than 14 
days after the person first discovered the possible offense.
  ``(g) Savings Provisions.--This section does not--
          ``(1) restrict the disclosure of information to, or 
        its receipt by, any person or class of persons 
        authorized, in accordance with applicable agency 
        regulations or procedures, to receive that information;
          ``(2) restrict a contractor from disclosing its own 
        bid or proposal information or the recipient from 
        receiving that information;
          ``(3) restrict the disclosure or receipt of 
        information relating to a Federal agency procurement 
        after it has been canceled by the Federal agency before 
        contract award unless the Federal agency plans to 
        resume the procurement;
          ``(4) authorize the withholding of information from, 
        nor restrict its receipt by, Congress, a committee or 
        subcommittee of Congress, the Comptroller General, a 
        Federal agency, or an inspector general of a Federal 
        agency;
          ``(5) authorize the withholding of information from, 
        nor restrict its receipt by, any board of contract 
        appeals of a Federal agency or the Comptroller General 
        in the course of a protest against the award or 
        proposed award of a Federal agency procurement 
        contract; or
          ``(6) limit the applicability of any requirements, 
        sanctions, contract penalties, and remedies established 
        under any other law or regulation.''.
  (b) Repeals.--The following provisions of law are repealed:
          (1) Sections 2397, 2397a, 2397b, and 2397c of title 
        10, United States Code.
          (2) Section 33 of the Federal Energy Administration 
        Act of 1974 (15 U.S.C. 789).
          (3) Section 281 of title 18, United States Code.
          (4) Subsection (c) of section 32 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 428).
          (5) The first section 19 of the Federal Nonnuclear 
        Energy Research and Development Act of 1974 (42 U.S.C. 
        5918).
  (c) Clerical Amendments.--
          (1) The table of sections at the beginning of chapter 
        141 of title 10, United States Code, is amended by 
        striking out the items relating to sections 2397, 
        2397a, 2397b, and 2397c.
          (2) The table of sections at the beginning of chapter 
        15 of title 18, United States Code, is amended by 
        striking out the item relating to section 281.
          (3) Section 32 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 428) is amended by redesignating 
        subsections (d), (e), (f), and (g) as subsections (c), 
        (d), (e), and (f), respectively.

SEC. 833. FURTHER ACQUISITION STREAMLINING PROVISIONS.

  (a) Purpose of Office of Federal Procurement Policy.--(1) 
Section 5(a) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 404) is amended to read as follows:
  ``(a) To promote economy, efficiency, and effectiveness in 
the procurement of property and services by the executive 
branch of the Federal Government, there shall be an Office of 
Federal Procurement Policy (hereinafter referred to as the 
`Office') in the Office of Management and Budget to provide 
overall direction of Government-wide procurement policies, 
regulations, procedures, and forms for executive agencies.''.
  (2) Sections 2 and 3 of such Act (41 U.S.C. 401 and 402) are 
repealed.
  (b) Repeal of Report Requirement.--Section 8 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 407) is repealed.
  (c) Repeal of Obsolete Provisions.--(1) Sections 10 and 11 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 409 and 
410) are repealed.
  (d) Clerical Amendments.--The table of contents for the 
Office of Federal Procurement Policy Act (contained in section 
1(b)) is amended by striking out the items relating to sections 
2, 3, 8, 10, and 11.

SEC. 834. JUSTIFICATION OF MAJOR DEFENSE ACQUISITION PROGRAMS NOT 
                    MEETING GOALS.

  Section 2220(b) of title 10, United States Code, is amended 
by adding at the end the following: ``In addition, the 
Secretary shall include in such annual report a justification 
for the continuation of any program that--
          ``(1) is more than 50 percent over the cost goal 
        established for the development, procurement, or 
        operational phase of the program;
          ``(2) fails to achieve at least 50 percent of the 
        performance capability goals established for the 
        development, procurement, or operational phase of the 
        program; or
          ``(3) is more than 50 percent behind schedule, as 
        determined in accordance with the schedule goal 
        established for the development, procurement, or 
        operational phase of the program.''.
SEC. 835. ENHANCED PERFORMANCE INCENTIVES FOR ACQUISITION WORKFORCE.

  (a) Armed Services Acquisitions.--Subsection (b) of section 
5001 of the Federal Acquisition Streamlining Act of 1994 
(Public Law 103-355; 108 Stat. 3350; 10 U.S.C. 2220 note) is 
amended--
          (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
          (2) by designating the second sentence as paragraph 
        (2);
          (3) by inserting ``(1)'' after ``(b) Enhanced System 
        of Performance Incentives.--''; and
          (4) by adding at the end the following:
  ``(3) The Secretary shall include in the enhanced system of 
incentives the following:
          ``(A) Pay bands.
          ``(B) Significant and material pay and promotion 
        incentives to be awarded, and significant and material 
        unfavorable personnel actions to be imposed, under the 
        system exclusively, or primarily, on the basis of the 
        contributions of personnel to the performance of the 
        acquisition program in relation to cost goals, 
        performance goals, and schedule goals.
          ``(C) Provisions for pay incentives and promotion 
        incentives to be awarded under the system.''.
  (b) Civilian Agency Acquisitions.--Subsection (c) of section 
5051 of the Federal Acquisition Streamlining Act of 1994 
(Public Law 103-355; 108 Stat. 3351; 41 U.S.C. 263 note) is 
amended--
          (1) by redesignating subparagraphs (A) and (B) of 
        paragraph (2) as clauses (i) and (ii); respectively;
          (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
          (3) by inserting ``(1)'' after ``(c) Enhanced System 
        of Performance Incentives.--''; and
          (4) by adding at the end the following:
  ``(2) The Deputy Director shall include in the enhanced 
system of incentives under paragraph (1)(B) the following:
          ``(A) Pay bands.
          ``(B) Significant and material pay and promotion 
        incentives to be awarded, and significant and material 
        unfavorable personnel actions to be imposed, under the 
        system exclusively, or primarily, on the basis of the 
        contributions of personnel to the performance of the 
        acquisition program in relation to cost goals, 
        performance goals, and schedule goals.
          ``(C) Provisions for pay incentives and promotion 
        incentives to be awarded under the system.''.

SEC. 836. RESULTS ORIENTED ACQUISITION PROGRAM CYCLE.

  Section 5002(a) of the Federal Acquisition Streamlining Act 
of 1994 (Public Law 103-355; 108 Stat. 3350) is amended--
  (1) by inserting ``(1)'' before ``to ensure''; and
  (2) by striking out the period at the end and inserting in 
lieu thereof the following: ``; (2) to ensure that the 
regulations compress the time periods associated with 
developing, procuring, and making operational new systems; and 
(3) to ensure that Department of Defense directives relating to 
development and procurement of information systems (numbered in 
the 8000 series) and the Department of Defense directives 
numbered in the 5000 series are consolidated into one series of 
directives that is consistent with such compressed time 
periods.''.

SEC. 837. RAPID CONTRACTING GOAL.

  (a) Goal.--The Office of Federal Procurement Policy Act is 
amended by adding at the end the following new section:

``SEC. 35. RAPID CONTRACTING GOAL.

  ``The Administrator for Federal Procurement Policy shall 
establish a goal of reducing by 50 percent the time necessary 
for executive agencies to acquire an item for the user of that 
item.''.
  (b) Clerical Amendment.--The table of contents for such Act, 
contained in section 1(b), is amended by adding at the end the 
following new item:

``Sec. 35. Rapid contracting goal.''.

SEC. 838. ENCOURAGEMENT OF MULTIYEAR CONTRACTING.

  (a) Armed Services Acquisitions.--Section 2306b(a) of title 
10, United States Code, is amended in the matter preceding 
paragraph (1) by striking out ``may'' and inserting in lieu 
thereof ``shall, to the maximum extent possible,''.
  (b) Civilian Agency Acquisitions.--Section 304B(a) of the 
Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 254c(a)) is amended in the matter preceding paragraph 
(1) by striking out ``may'' and inserting in lieu thereof 
``shall, to the maximum extent possible,''.

SEC. 839. CONTRACTOR SHARE OF GAINS AND LOSSES FROM COST, SCHEDULE, AND 
                    PERFORMANCE EXPERIENCE.

  (a) Armed Services Acquisitions.--(1) Chapter 137 of title 
10, United States Code, is amended by inserting after section 
2306b the following new section:
``Sec. 2306c. Contractor share of gains and losses from cost, schedule, 
                    and performance experience

  ``The Federal Acquisition Regulation shall contain provisions 
to ensure that, for any cost-type contract or incentive-type 
contract, the contractor may be rewarded for contract 
performance exceeding the contract cost, schedule, or 
performance parameters to the benefit of the United States and 
may be penalized for failing to adhere to cost, schedule, or 
performance parameters to the detriment of the United 
States.''.
  (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 2306b 
the following new item:

``2306c. Contractor share of gains and losses from cost, schedule, and 
          performance experience.''.

  (b) Civilian Agency Acquisitions.--(1) Title III of the 
Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 251 et seq.) is amended by inserting after section 304C 
the following new section:

``SEC. 304D. CONTRACTOR SHARE OF GAINS AND LOSSES FROM COST, SCHEDULE, 
                    AND PERFORMANCE EXPERIENCE.

  ``The Federal Acquisition Regulation shall contain provisions 
to ensure that, for any cost-type contract or incentive-type 
contract, the contractor may be rewarded for contract 
performance exceeding the contract cost, schedule, or 
performance parameters to the benefit of the United States and 
may be penalized for failing to adhere to cost, schedule, or 
performance parameters to the detriment of the United 
States.''.
  (2) The table of contents for such Act, contained in section 
1(b), is amended by inserting after the item relating to 
section 304C the following new item:

``Sec. 304D. Contractor share of gains and losses from cost, schedule, 
          and performance experience.''.
SEC. 840. PHASE FUNDING OF DEFENSE ACQUISITION PROGRAMS.

  Chapter 131 of title 10, United States Code, is amended by 
adding at the end the following new section:

``Sec. 2221. Funding for results oriented acquisition program cycle

  ``Before initial funding is made available for the 
development, procurement, or operational phase of an 
acquisition program for which an authorization of 
appropriations is required by section 114 of this title, the 
Secretary of Defense shall submit to Congress information about 
the objectives and plans for the conduct of that phase and the 
funding requirements for the entire phase. The information 
shall identify the intended user of the system to be acquired 
under the program and shall include objective, quantifiable 
criteria for assessing the extent to which the objectives and 
goals determined pursuant to section 2435 of this title are 
achieved.''.
  (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``2221. Funding for results oriented acquisition program cycle.''.
SEC. 841. IMPROVED DEPARTMENT OF DEFENSE CONTRACT PAYMENT PROCEDURES.

  (a) Review and Improvement of Procedures.--The Comptroller 
General of the United States shall review commercial practices 
regarding accounts payable and, considering the results of the 
review, develop standards for the Secretary of Defense to 
consider using for improving the contract payment procedures 
and financial management systems of the Department of Defense.
  (b) GAO Report.--Not later than September 30, 1996, the 
Comptroller General shall submit to Congress a report 
containing the following matters:
          (1) The weaknesses in the financial management 
        processes of the Department of Defense.
          (2) Deviations of the Department of Defense payment 
        procedures and financial management systems from the 
        standards developed pursuant to subsection (a), 
        expressed quantitatively.
          (3) The officials of the Department of Defense who 
        are responsible for resolving the deviations.
SEC. 842. CONSIDERATION OF PAST PERFORMANCE IN ASSIGNMENT TO 
                    ACQUISITION POSITIONS.

    (a) Requirement.--Section 1701(a) of title 10, United 
States Code, is amended by adding at the end the following: 
``The policies and procedures shall provide that education and 
training in acquisition matters, and past performance of 
acquisition responsibilities, are major factors in the 
selection of personnel for assignment to acquisition positions 
in the Department of Defense.''.
    (b) Performance Requirements for Assignment.--(1) Section 
1723(a) of title 10, United States Code, is amended by 
inserting ``, including requirements relating to demonstrated 
past performance of acquisition duties,'' in the first sentence 
after ``experience requirements''.
    (2) Section 1724(a)(2) of such title is amended by 
inserting before the semicolon at the end the following: ``and 
have demonstrated proficiency in the performance of acquisition 
duties in the contracting position or positions previously 
held''.
    (3) Section 1735 of such title is amended--
          (A) in subsection (b)--
                  (i) by striking out ``and'' at the end of 
                paragraph (2);
                  (ii) by striking out the period at the end of 
                paragraph (3) and inserting in lieu thereof ``; 
                and''; and
                  (iii) by adding at the end the following:
          ``(4) must have demonstrated proficiency in the 
        performance of acquisition duties.'';
          (B) in subsection (c)--
                  (i) by striking out ``and'' at the end of 
                paragraph (2);
                  (ii) by striking out the period at the end of 
                paragraph (3) and inserting in lieu thereof ``; 
                and''; and
                  (iii) by adding at the end the following:
          ``(4) must have demonstrated proficiency in the 
        performance of acquisition duties.'';
          (C) in subsection (d), by inserting before the period 
        at the end the following: ``, and have demonstrated 
        proficiency in the performance of acquisition duties''; 
        and
          (D) in subsection (e), by inserting before the period 
        at the end the following: ``, and have demonstrated 
        proficiency in the performance of acquisition duties''.

             Subtitle D--Streamlining of Dispute Resolution

                       PART I--GENERAL PROVISIONS

SEC. 850. DEFINITIONS.

    In this subtitle:
          (1) The term ``Board'' means the United States Board 
        of Contract Appeals.
          (2) The term ``Board judge'' means a member of the 
        United States Board of Contract Appeals.
          (3) The term ``Chairman'' means the Chairman of the 
        United States Board of Contract Appeals.
          (4) The term ``executive agency'' has the meaning 
        given by section 2(2) of the Contract Disputes Act of 
        1978 (41 U.S.C. 601(2)).
          (5) The term ``alternative means of dispute 
        resolution'' has the meaning given by section 571(3) of 
        title 5, United States Code.
          (6) The term ``protest'' means a written objection by 
        an interested party to any of the following:
                  (A) A solicitation or other request by an 
                executive agency for offers for a contract for 
                the procurement of property or services.
                  (B) The cancellation of such a solicitation 
                or other request.
                  (C) An award or proposed award of such a 
                contract.
                  (D) A termination or cancellation of an award 
                of such a contract, if the written objection 
                contains an allegation that the termination or 
                cancellation is based in whole or in part on 
                improprieties concerning the award of the 
                contract.
          (7) The term ``interested party'', with respect to a 
        contract or a solicitation or other request for offers, 
        means an actual or prospective bidder or offeror whose 
        direct economic interest would be affected by the award 
        of the contract or by failure to award the contract.
          (8) The term ``prevailing party'', with respect to a 
        determination of the Board under section 864(b) that a 
        decision of a contracting officer violates a statute or 
        regulation, means a party that demonstrated such 
        violation.

 PART II--ESTABLISHMENT OF THE UNITED STATES BOARD OF CONTRACT APPEALS

SEC. 851. ESTABLISHMENT.

    There is established in the executive branch of the 
Government an independent establishment to be known as the 
United States Board of Contract Appeals.

SEC. 852. MEMBERSHIP.

    (a) Appointment.--(1) The Board shall consist of Board 
judges appointed by the Chairman, without regard to political 
affiliation and solely on the basis of the professional 
qualifications required to perform the duties and 
responsibilities of a Board judge, from a register of 
applicants maintained by the Board.
    (2) The members of the Board shall be selected and 
appointed to serve in the same manner as administrative law 
judges appointed pursuant to section 3105 of title 5, United 
States Code, with an additional requirement that such members 
shall have had not fewer than five years' experience in public 
contract law.
    (3) Notwithstanding paragraph (2) and subject to subsection 
(b), the following persons shall serve as Board judges:
          (A) Any full-time member of an agency board of 
        contract appeals serving as such on the day before the 
        effective date of this subtitle.
          (B) Any person serving on the day before the date of 
        the enactment of this Act in a position at a level of 
        assistant general counsel or higher with authority 
        delegated from the Comptroller General to decide bid 
        protests under subchapter V of chapter 35 of title 31, 
        United States Code.
    (b) Removal.--Members of the Board shall be subject to 
removal in the same manner as administrative law judges, as 
provided in section 7521 of title 5, United States Code.
    (c) Compensation.--Compensation for the Chairman and all 
other members of the Board shall be determined under section 
5273a of title 5, United States Code.

SEC. 853. CHAIRMAN.

    (a) Designation.--(1) The Chairman shall be designated by 
the President to serve for a term of five years. The President 
shall select the Chairman from among sitting Board judges each 
of whom has had at least five years of service--
          (A) as a member of an agency board of contract 
        appeals; or
          (B) in a position at a level of assistant general 
        counsel or higher with authority delegated from the 
        Comptroller General to decide bid protests under 
        subchapter V of chapter 35 of title 31, United States 
        Code (as in effect on the day before the effective date 
        of this subtitle).
    (2) A Chairman may continue to serve after the expiration 
of the Chairman's term until a successor has taken office. A 
Chairman may be reappointed any number of times.
    (b) Responsibilities.--The Chairman shall be responsible on 
behalf of the Board for the executive and administrative 
operation of the Board, including functions of the Board with 
respect to the following:
          (1) The selection, appointment, and fixing of the 
        compensation of such personnel, pursuant to part III of 
        title 5, United States Code, as the Chairman considers 
        necessary or appropriate, including a Clerk of the 
        Board, a General Counsel, and clerical and legal 
        assistance for Board judges.
          (2) The supervision of personnel employed by or 
        assigned to the Board, and the distribution of work 
        among such personnel.
          (3) The response to any request that may be made by 
        Congress or the Office of Management and Budget.
          (4) The allocation of funds among the various 
        functions of the Board.
          (5) The entering into and performance of such 
        contracts, leases, cooperative agreements, or other 
        similar transactions with public agencies and private 
        organizations and persons, and the making of such 
        payments, as the Chairman considers necessary or 
        appropriate to carry out functions vested in the Board.
          (6) The operation of an Office of the Clerk of the 
        Board, including the receipt of all filings made with 
        the Board, the assignment of cases, and the maintenance 
        of all records of the Board.
          (7) The acquisition, operation, and maintenance of 
        such automatic data processing resources as may be 
        needed by the Board.
          (8) The prescription of such rules and regulations as 
        the Chairman considers necessary or appropriate for the 
        administration and management of the Board.
    (c) Vice Chairmen.--The Chairman may designate up to four 
other Board judges as Vice Chairmen. The Chairman may divide 
the Board into two or more divisions, and, if such division is 
made, shall assign a Vice Chairman to head each division. The 
Vice Chairmen, in the order designated by the Chairman, shall 
act in the place and stead of the Chairman during the absence 
of the Chairman.

SEC. 854. RULEMAKING AUTHORITY.

    (a) In General.--The Board may establish--
          (1) such procedural rules and regulations as are 
        necessary to the exercise of its functions, including 
        internal rules for the assignment of cases; and
          (2) statements of policy of general applicability 
        with respect to its functions.
    (b) Prohibition on Review by Other Agency or Person.--Rules 
and regulations established by the Board (including forms which 
are a part thereof) shall not be subject to review by any other 
agency or person (including the Administrator of Information 
and Regulatory Affairs, pursuant to chapter 35 of title 44, 
United States Code) in advance of publication.

SEC. 855. LITIGATION AUTHORITY.

    Except as provided in section 518 of title 28, United 
States Code, relating to litigation before the Supreme Court, 
attorneys designated by the Chairman may appear for, and 
represent the Board in, any civil action brought in connection 
with any function carried out by the Board.

SEC. 856. SEAL OF BOARD.

    The Chairman shall cause a seal of office to be made for 
the Board of such design as the Board shall approve. Judicial 
notice shall be taken of such seal.

SEC. 857. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal year 
1997 and each succeeding fiscal year such sums as may be 
necessary to carry out the provisions of this subtitle and to 
enable the Board to perform its functions. Funds appropriate 
pursuant to this section shall remain available until expended.

     PART III--FUNCTIONS OF UNITED STATES BOARD OF CONTRACT APPEALS

SEC. 861. ALTERNATIVE DISPUTE RESOLUTION SERVICES.

    (a) Requirement To Provide Services Upon Request.--The 
Board shall provide alternative means of dispute resolution for 
any disagreement regarding a contract or prospective contract 
of an executive agency upon the request of all parties to the 
disagreement.
    (b) Personnel Qualified To Act.--Each Board judge and each 
attorney employed by the Board shall be considered to be 
qualified to act for the purpose of conducting alternative 
means of dispute resolution under this section.
    (c) Services To Be Provided Without Charge.--Any services 
provided by the Board or any Board judge or employee pursuant 
to this section shall be provided without charge.
    (d) Recusal of Certain Personnel Upon Request.--In the 
event that a matter which is presented to the Board for 
alternative means of dispute resolution, pursuant to this 
section, later becomes the subject of formal proceedings before 
the Board, any Board judge or employee who was involved in the 
alternative means shall, if requested by any party to the 
formal proceeding, take no part in that proceeding.
SEC. 862. ALTERNATIVE DISPUTE RESOLUTION OF DISPUTES AND PROTESTS 
                    SUBMITTED TO BOARD.

  With reasonable promptness after the submission to the Board 
of a contract dispute under section 863 or a bid protest under 
section 864, a Board judge to whom the contract dispute or 
protest is assigned shall request the parties to meet with a 
Board judge, or an attorney employed by the Board, for the 
purpose of attempting to resolve the dispute or protest through 
alternative means of dispute resolution. Formal proceedings in 
the appeal shall then be suspended until such time as any party 
or a Board judge to whom the dispute or protest is assigned 
determines that alternative means of dispute resolution are not 
appropriate for resolution of the dispute or protest.

SEC. 863. CONTRACT DISPUTES.

  The Board shall have jurisdiction as provided by section 8(a) 
of the Contract Disputes Act of 1978 (41 U.S.C. 601-613).
SEC. 864. PROTESTS.

  (a) Review Required Upon Request.--Upon request of an 
interested party in connection with any procurement conducted 
by any executive agency, the Board shall review, as provided in 
this section, any decision by a contracting officer alleged to 
violate a statute or regulation. The authority of the Board to 
conduct such review shall include the authority to review 
regulations to determine their consistency with applicable 
statutes. A decision or order of the Board pursuant to this 
section shall not be subject to interlocutory appeal or review.
  (b) Standard of Review.--In deciding a protest, the Board may 
consider all evidence that is relevant to the decision under 
protest. It shall accord a presumption of correctness to all 
facts found and determinations made by the contracting officer 
whose decision is being protested. The protester may rebut this 
presumption by showing, by a preponderance of the evidence, 
that a finding or determination was incorrect. The Board may 
find that a decision by a contracting officer violates a 
statute or regulation for any of the reasons stated in section 
706(2) of title 5, United States Code.
  (c) Determination of Whether to Suspend Authority To Conduct 
Procurement in Protest Filed Before Contract Award.--(1) When a 
protest under this section is filed before the award of a 
contract in a protested procurement, the Board, at the request 
of an interested party and within 10 days after the submission 
of the protest, shall hold a hearing to determine whether the 
Board should suspend the authority of the executive agency 
involved (or its head) to conduct such procurement until the 
Board can decide the protest.
  (2) The Board shall suspend the authority of the executive 
agency (or its head) unless the agency concerned establishes 
that--
          (A) absent action by the Board, contract award is 
        likely to occur within 30 days after the hearing; and
          (B) urgent and compelling circumstances which 
        significantly affect interests of the United States 
        will not permit waiting for the decision of the Board.
  (3) A suspension under paragraph (2) shall not preclude the 
executive agency concerned from continuing the procurement 
process up to but not including award of the contract unless 
the Board determines such action is not in the best interests 
of the United States.
  (d) Determination of Whether to Suspend Authority To Conduct 
Procurement in Protest Filed After Contract Award.--(1) If, 
with respect to an award of a contract, the Board receives 
notice of a protest under this section within the period 
described in paragraph (2), the Board shall, at the request of 
an interested party, hold a hearing to determine whether the 
Board should suspend the authority of the executive agency 
involved (or its head) to conduct such procurement until the 
Board can decide the protest.
  (2) The period referred to in paragraph (1) is the period 
beginning on the date on which the contract is awarded and 
ending at the end of the later of--
          (A) the tenth day after the date of contract award; 
        or
          (B) the fifth day after the debriefing date offered 
        to an unsuccessful offeror for any debriefing that is 
        requested and, when requested, is required.
  (3) The Board shall hold the requested hearing within 5 days 
after the date of the filing of the protest or, in the case of 
a request for debriefing, within 5 days after the later of the 
date of the filing of the protest or the date of the 
debriefing.
  (4) The Board shall suspend the procurement authority of the 
executive agency involved (or its head) to acquire any goods or 
services under the contract which are not previously delivered 
and accepted unless such agency establishes that urgent and 
compelling circumstances which significantly affect interests 
of the United States will not permit waiting for the decision 
of the Board.
  (e) Procedures.--
          (1) Proceedings and discovery.--The Board shall 
        conduct proceedings and allow such discovery as may be 
        required for the expeditious, fair, and reasonable 
        resolution of the protest. The Board shall limit 
        discovery to material which is relevant to the grounds 
        of protest or to such affirmative defenses as the 
        executive agency involved, or any intervenor supporting 
        the agency, may raise.
          (2) Priority.--The Board shall give priority to 
        protests filed under this section over contract 
        disputes and alternative dispute services. Except as 
        provided in paragraph (3), the Board shall issue its 
        final decision within 65 days after the date of the 
        filing of the protest, unless the Chairman determines 
        that the specific and unique circumstances of the 
        protest require a longer period, in which case the 
        Board shall issue such decision within the longer 
        period determined by the Chairman. An amendment that 
        adds a new ground of protest should be resolved, to the 
        maximum extent practicable, within the time limits 
        established for resolution of the initial protest.
          (3) Threshold.--Any protest in which the anticipated 
        value of the contract award that will result from the 
        protested procurement, as estimated by the executive 
        agency involved, is less than $1,000,000 shall be 
        considered under simplified rules of procedure. These 
        rules shall provide that discovery in such protests 
        shall be in writing only. Such protests shall be 
        decided by a single Board judge, whose decision shall 
        be final and conclusive and shall not be set aside 
        except in cases of fraud. The Board shall issue its 
        final decision in each such protest within 35 days 
        after the date of the filing of the protest.
          (4) Calculation of time for adr.--In calculating time 
        for purposes of paragraph (2) or (3) of this 
        subsection, any days during which proceedings are 
        suspended for the purpose of attempting to resolve the 
        protest by alternative means of dispute resolution, up 
        to a maximum of 20 days, shall not be counted.
          (5) Dismissal of frivolous protests.--The Board may 
        dismiss a protest that the Board determines is 
        frivolous or which, on its face, does not state a valid 
        basis for protest.
          (6) Payment of costs for frivolous protests.--(A) If 
        the Board expressly finds that a protest or a portion 
        of a protest is frivolous or does not state on its face 
        a valid basis for protest, the Board shall declare that 
        the protester or other interested party who joins the 
        protest is liable to the United States for payment of 
        the costs described in subparagraph (B) unless--
                  (i) special circumstances would make such 
                payment unjust; or
                  (ii) the protester obtains documents or other 
                information after the protest is filed with the 
                Board that establishes that the protest or a 
                portion of the protest is frivolous or does not 
                state on its face a valid basis for protest, 
                and the protester then promptly withdraws the 
                protest or portion of the protest.
          (B) The costs referred to in subparagraph (A) are all 
        of the costs incurred by the United States of reviewing 
        the protest, or of reviewing that portion of the 
        protest for which the finding is made, including the 
        fees and other expenses (as defined in section 
        2412(d)(2)(A) of title 28, United States Code) incurred 
        by the United States in defending the protest.
    (f) Decisions and Corrective Actions on Protests.--(1) In 
making a decision on protests filed under this section, the 
Board shall accord due weight to the goals of economic and 
efficient procurement, and shall take due account of the rule 
of prejudicial error.
    (2) If the Board determines that a decision of a 
contracting officer violates a statute or regulation, the Board 
may order the agency (or its head) to take such corrective 
action as the Board considers appropriate. Corrective action 
includes requiring that the Federal agency--
          (A) refrain from exercising any of its options under 
        the contract;
          (B) recompete the contract immediately;
          (C) issue a new solicitation;
          (D) terminate the contract;
          (E) award a contract consistent with the requirements 
        of such statute and regulation;
          (F) implement any combination of requirements under 
        subparagraphs (A), (B), (C), (D), and (E); or
          (G) implement such other actions as the Board 
        determines necessary.
    (3) If the Board orders corrective action after the 
contract award, the affected contract shall be presumed valid 
as to all goods or services delivered and accepted under the 
contract before the corrective action was ordered.
    (4) Any agreement that provides for the dismissal of a 
protest and involves a direct or indirect expenditure of 
appropriated funds shall be submitted to the Board and shall be 
made a part of the public record (subject to any protective 
order considered appropriate by the Board) before dismissal of 
the protest.
    (g) Authority To Declare Entitlement to Costs.--(1)(A) 
Whenever the Board determines that a decision of a contracting 
officer violates a statute or regulation, it may, in accordance 
with section 1304 of title 31, United States Code, further 
declare an appropriate prevailing party to be entitled to the 
costs of--
          (i) filing and pursuing the protest, including 
        reasonable attorneys' fees and consultant and expert 
        witness fees, and
          (ii) bid and proposal preparation.
    (B) No party (other than a small business concern (within 
the meaning of section 3(a) of the Small Business Act)) may be 
declared entitled under this paragraph to costs for--
          (i) consultants and expert witness fees that exceed 
        the highest rate of compensation for expert witnesses 
        paid by the Federal Government, or
          (ii) attorneys' fees that exceed $150 per hour unless 
        the Board, on a case by case basis, determines that an 
        increase in the cost of living or a special factor, 
        such as the limited availability of qualified attorneys 
        for the proceedings involved, justifies a higher fee.
    (2) Payment of amounts due from an agency under paragraph 
(1) or under the terms of a settlement agreement under 
subsection (e)(4) shall be made from the appropriation made by 
section 1304 of title 31, United States Code, for the payment 
of judgments. The executive agency concerned shall reimburse 
that appropriation account out of funds available for the 
procurement.
    (h) Appeals.--Except as provided in subsection (e)(3), a 
final decision of the Board may be appealed as set forth in 
section 8(d)(1) of the Contract Disputes Act of 1978 by the 
head of the executive agency concerned and by any interested 
party, including interested parties who intervene in any 
protest filed under this section.
    (i) Additional Relief.--Nothing contained in this section 
shall affect the power of the Board to order any additional 
relief which it is authorized to provide under any statute or 
regulation.
    (j) Nonexclusivity of Remedies.--Nothing contained in this 
section shall affect the right of any interested party to file 
a protest with the contracting agency or to file an action in 
the United States Court of Federal Claims or in a United States 
district court.
SEC. 865. APPLICABILITY TO CONTRACTS FOR COMMERCIAL ITEMS.

    Notwithstanding section 34 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 430), the authority conferred 
on the Board by this subtitle is applicable to contracts for 
the procurement of commercial items.

 PART IV--REPEAL OF OTHER STATUTES AUTHORIZING ADMINISTRATIVE PROTESTS

SEC. 871. REPEALS.

    (a) GSBCA Provisions.--Subsection (f) of the Brooks 
Automatic Data Processing Act (section 111 of the Federal 
Property and Administrative Services Act of 1949; 40 U.S.C. 
759) is repealed.
    (b) GAO Provisions.--Subchapter V of chapter 35 of title 
31, United States Code (31 U.S.C. 3551-3556) is repealed.

 PART V--TRANSFERS AND TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

SEC. 881. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.

    (a) Transfer.--The personnel employed in connection with, 
and the assets, liabilities, contracts, property, records, and 
unexpended balance of appropriations, authorizations, 
allocations, and other funds employed, held, used, arising 
from, available to, or to be made available in connection with 
the functions vested by law in the Comptroller General pursuant 
to subchapter V of chapter 35 of title 31, United States Code, 
and in the boards of contract appeals established pursuant to 
section 8 of the Contract Disputes Act of 1978 (41 U.S.C. 607) 
(as in effect on the day before the effective date of this 
Act), shall be transferred to the Board for appropriate 
allocation by the Chairman.
    (b) Effect on Personnel.--Personnel transferred pursuant to 
this subtitle shall not be separated or reduced in compensation 
for one year after such transfer, except for cause.
    (c) Regulations.--(1) The Board shall prescribe regulations 
for the release of competing employees in a reduction in force 
that gives due effect to--
          (A) efficiency or performance ratings;
          (B) military preference; and
          (C) tenure of employment.
    (2) In prescribing the regulations, the Board shall provide 
for military preference in the same manner as set forth in 
subchapter I of chapter 35 of title 5, United States Code.

SEC. 882. TERMINATIONS AND SAVINGS PROVISIONS.

    (a) Termination of Boards of Contract Appeals.--On the 
effective date of this subtitle, the boards of contract appeals 
established pursuant to section 8 of the Contract Disputes Act 
of 1978 (41 U.S.C. 607) (as in effect on the day before the 
effective date of this Act) shall terminate.
    (b) Savings Provision for Contract Dispute Matters Pending 
Before Boards.--The provisions of this subtitle shall not 
affect any proceedings (other than bid protests pending before 
the board of contract appeals of the General Services 
Administration) pending on the effective date of this Act 
before any board of contract appeals described in subsection 
(a). Such proceedings shall be continued by the Board, and 
orders which were issued in any such proceeding by any board of 
contract appeals shall continue in effect until modified, 
terminated, superseded, or revoked by the Board, by a court of 
competent jurisdiction, or by operation of law.
    (c) Bid Protest Transition Provisions.--(1) No protest may 
be submitted to the Comptroller General pursuant to section 
3553(a) of title 31, United States Code, or to the board of 
contract appeals for the General Services Administration 
pursuant to the Brooks Automatic Data Processing Act (40 U.S.C. 
759) on or after the effective date of this Act.
    (2) The provisions repealed by section 871 shall continue 
to apply to proceedings pending on the effective date of this 
subtitle before the board of contract appeals of the General 
Services Administration and the Comptroller General pursuant to 
those provisions, until the board or the Comptroller General 
determines such proceedings have been completed.

SEC. 883. CONTRACT DISPUTE AUTHORITY OF BOARD.

    (a) Section 2 of the Contract Disputes Act of 1978 (41 
U.S.C. 601) is amended by striking out paragraph (6) and 
inserting in lieu thereof the following:
          ``(6) the term `Board' means the United States Board 
        of Contract Appeals; and''.
    (b) Section 6(c) of the Contract Disputes Act of 1978 (41 
U.S.C. 605(c)) is amended--
          (1) in paragraph (4)--
                  (A) by striking out ``the agency board of 
                contract appeals'' and inserting in lieu 
                thereof ``the United States Board of Contract 
                Appeals''; and
                  (B) by striking out ``the board'' and 
                inserting in lieu thereof ``the Board''; and
          (2) in paragraph (6)--
                  (A) by striking out ``an agency board of 
                contract appeals'' and inserting in lieu 
                thereof ``the United States Board of Contract 
                Appeals''; and
                  (B) by striking out ``agency board'' and 
                inserting in lieu thereof ``the Board''.
    (c) Section 7 of the Contract Disputes Act of 1978 (41 
U.S.C. 606) is amended by striking out ``an agency board of 
contract appeals'' and inserting in lieu thereof ``the United 
States Board of Contract Appeals''.
    (d) Section 8 of the Contract Disputes Act of 1978 (41 
U.S.C. 607) is amended--
          (1) by amending the heading to read as follows:

              ``united states board of contract appeals'';

          (2) by striking out subsections (a), (b), and (c);
          (3) in subsection (d)--
                  (A) by striking out the first sentence and 
                inserting in lieu thereof the following:
    ``The United States Board of Contract Appeals shall have 
jurisdiction to decide any appeal from a decision of a 
contracting officer of any executive agency relative to a 
contract made by that agency.''; and
                  (B) in the second sentence, by striking out 
                ``the agency board'' and inserting in lieu 
                thereof ``the Board'';
          (4) in subsection (e), by striking out ``An agency 
        board'' and inserting in lieu thereof ``The United 
        States Board of Contract Appeals'';
          (5) in subsection (f), by striking out ``each agency 
        board'' and inserting in lieu thereof ``the United 
        States Board of Contract Appeals'';
          (6) in subsection (g)--
                  (A) in the first sentence of paragraph (1), 
                by striking out ``an agency board of contract 
                appeals'' and inserting in lieu thereof ``the 
                United States Board of Contract Appeals'';
                  (B) by striking out paragraph (2); and
                  (C) by redesignating paragraph (3) as 
                paragraph (2);
          (7) by striking out subsections (h) and (i); and
          (8) by redesignating subsections (d), (e), (f), and 
        (g) (as amended) as subsections (a), (b), (c), and (d), 
        respectively.
    (e) Section 9 of the Contract Disputes Act of 1978 (41 
U.S.C. 608) is amended--
          (1) in subsection (a), by striking out ``each agency 
        board'' and inserting in lieu thereof ``the United 
        States Board of Contract Appeals''; and
          (2) in subsection (b), by striking out ``the agency 
        board'' and inserting in lieu thereof ``the Board''.
    (f) Section 10 of the Contract Disputes Act of 1978 (41 
U.S.C. 609) is amended--
          (1) in subsection (a)--
                  (A) in the first sentence of paragraph (1)--
                          (i) by striking out ``Except as 
                        provided in paragraph (2), and in'' and 
                        inserting in lieu thereof ``In''; and
                          (ii) by striking out ``an agency 
                        board'' and inserting in lieu thereof 
                        ``the United States Board of Contract 
                        Appeals'';
                  (B) by striking out paragraph (2); and
                  (C) by redesignating paragraph (3) as 
                paragraph (2), and in that paragraph, by 
                striking out ``or (2)'';
          (2) in subsection (b), by striking out ``any agency 
        board'' and ``the agency board'' and inserting in lieu 
        of each ``the Board'';
          (3) in subsection (c), by striking out ``an agency 
        board'' and ``the agency board'' and inserting in lieu 
        of each ``the Board''; and
          (4) in subsection (d), by striking out ``one or more 
        agency boards'' and ``or among the agency boards 
        involved'' and inserting in lieu of each ``the Board''.
  (g) Section 11 of the Contract Disputes Act of 1978 (41 
U.S.C. 610) is amended--
          (1) in the first sentence, by striking out ``an 
        agency board of contract appeals'' and inserting in 
        lieu thereof ``the United States Board of Contract 
        Appeals''; and
          (2) in the second sentence, by striking out ``the 
        agency board through the Attorney General; or upon 
        application by the board of contract appeals of the 
        Tennessee Valley Authority'' and inserting in lieu 
        thereof ``the Board''.
  (h) Section 13 of the Contract Disputes Act of 1978 (41 
U.S.C. 612) is amended--
          (1) in subsection (b), by striking out ``an agency 
        board of contract appeals'' and inserting in lieu 
        thereof ``the United States Board of Contract 
        Appeals''; and
          (2) in subsection (d)(2), by striking out ``by the 
        board of contract appeals for'' and inserting in lieu 
        thereof ``by the Board from''.

SEC. 884. REFERENCES TO AGENCY BOARDS OF CONTRACT APPEALS.

  Any reference to an agency board of contract appeals in any 
provision of law or in any rule, regulation, or other paper of 
the United States shall be treated as referring to the United 
States Board of Contract Appeals.

SEC. 885. CONFORMING AMENDMENTS.

  (a) Title 5.--Section 5372a of title 5, United States Code, 
is amended--
          (1) in subsection (a)(1), by striking out ``an agency 
        board of contract appeals appointed under section 8 of 
        the Contract Disputes Act of 1978'' and inserting in 
        lieu thereof ``the United States Board of Contract 
        Appeals'';
          (2) in subsection (a)(2), by striking out ``an agency 
        board of contract appeals established pursuant to 
        section 8 of the Contract Disputes Act of 1978'' and 
        inserting in lieu thereof ``the United States Board of 
        Contract Appeals''; and
          (3) in subsection (b), by striking out ``an appeals 
        board'' each place it appears and inserting in lieu 
        thereof ``the appeals board''.
  (b) Title 10.--(1) Section 2305(e) of title 10, United States 
Code, is amended--
          (A) in paragraph (1), by striking out ``subchapter V 
        of chapter 35 of title 31'' and inserting in lieu 
        thereof ``title IV of the Federal Acquisition Reform 
        Act of 1995''; and
          (B) by striking out paragraph (3).
  (2) Section 2305(f) of such title is amended--
          (A) in paragraph (1), by striking out ``in 
        subparagraphs (A) through (F) of subsection (b)(1) of 
        section 3554 of title 31'' and inserting in lieu 
        thereof ``section 424(f)(2) of the Federal Acquisition 
        Reform Act of 1995''; and
          (B) in paragraph (2), by striking out ``paragraph (1) 
        of section 3554(c) of title 31'' and inserting in lieu 
        thereof ``section 424(g)(1)(A) of the Federal 
        Acquisition Reform Act of 1995''.
  (c) Federal Property and Administrative Services Act of 
1949.--(1) Section 303B(h) of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253b(h)) is 
amended--
          (A) in paragraph (1), by striking out ``subchapter V 
        of chapter 35 of title 31'' and inserting in lieu 
        thereof ``title IV of the Federal Acquisition Reform 
        Act of 1995''; and
          (B) by striking out paragraph (3).
  (2) Section 303B(i) of such Act (41 U.S.C. 253b(i)) is 
amended--
          (A) in paragraph (1), by striking out ``in 
        subparagraphs (A) through (F) of subsection (b)(1) of 
        section 3554 of title 31'' and inserting in lieu 
        thereof ``section 424(f)(2) of the Federal Acquisition 
        Reform Act of 1995''; and
          (B) in paragraph (2), by striking out ``paragraph (1) 
        of section 3554(c) of title 31'' and inserting in lieu 
        thereof ``section 424(g)(1)(A) of the Federal 
        Acquisition Reform Act of 1995''.

         PART VI--EFFECTIVE DATE; INTERIM APPOINTMENT AND RULES

SEC. 891. EFFECTIVE DATE.

  This subtitle shall take effect on October 1, 1996.

SEC. 892. INTERIM APPOINTMENT.

  The Board judge serving as chairman of the board of contract 
appeals of the General Services Administration on the date of 
the enactment of this Act shall serve as Chairman during the 
two-year period beginning on the effective date of this 
subtitle, unless such individual resigns such position or the 
position otherwise becomes vacant before the expiration of such 
period. The authority vested in the President by section 853 
shall take effect upon the expiration of such two-year period 
or on the date such position is vacated, whichever occurs 
earlier.

SEC. 893. INTERIM RULES.

  (a) Rules of Procedure.--Until such date as the Board 
promulgates rules of procedure, the rules of procedure of the 
board of contract appeals of the General Services 
Administration, as in effect on the effective date of this Act, 
shall be the rules of procedure of the Board.
  (b) Rules Regarding Board Judges.--Until such date as the 
Board promulgates rules governing the establishment and 
maintenance of a register of eligible applicants and the 
selection of Board judges, the rules of the Armed Services 
Board of Contract Appeals governing the establishment and 
maintenance of a register of eligible applicants and the 
selection of board members shall be the rules of the Board 
governing the establishment and maintenance of a register of 
eligible applicants and the selection of Board judges, except 
that any provisions of the rules of the Armed Services Board of 
Contract Appeals that authorize any individual other than the 
chairman of such board to select a Board judge shall have no 
effect.
             Subtitle E--Effective Dates and Implementation

SEC. 895. EFFECTIVE DATE AND APPLICABILITY.

  (a) Effective Date.--Except as otherwise provided in this 
title, this title and the amendments made by this title shall 
take effect on the date of the enactment of this Act.
  (b) Applicability of Amendments.--(1) An amendment made by 
this title shall apply, in the manner prescribed in the final 
regulations promulgated pursuant to section 896 to implement 
such amendment, with respect to any solicitation that is 
issued, any unsolicited proposal that is received, and any 
contract entered into pursuant to such a solicitation or 
proposal, on or after the date described in paragraph (3).
  (2) An amendment made by this title shall also apply, to the 
extent and in the manner prescribed in the final regulations 
promulgated pursuant to section 896 to implement such 
amendment, with respect to any matter related to--
          (A) a contract that is in effect on the date 
        described in paragraph (3);
          (B) an offer under consideration on the date 
        described in paragraph (3); or
          (C) any other proceeding or action that is ongoing on 
        the date described in paragraph (3).
  (3) The date referred to in paragraphs (1) and (2) is the 
date specified in such final regulations. The date so specified 
shall be October 1, 1996, or any earlier date that is not 
within 30 days after the date on which such final regulations 
are published.

SEC. 896. IMPLEMENTING REGULATIONS.

  (a) Proposed Revisions.--Proposed revisions to the Federal 
Acquisition Regulation and such other proposed regulations (or 
revisions to existing regulations) as may be necessary to 
implement this title shall be published in the Federal Register 
not later than 210 days after the date of the enactment of this 
Act.
  (b) Public Comment.--The proposed regulations described in 
subsection (a) shall be made available for public comment for a 
period of not less than 60 days.
  (c) Final Regulations.--Final regulations shall be published 
in the Federal Register not later than 330 days after the date 
of enactment of this Act.
  (d) Modifications.--Final regulations promulgated pursuant to 
this section to implement an amendment made by this title may 
provide for modification of an existing contract without 
consideration upon the request of the contractor.
  (e) Savings Provisions.--(1) Nothing in this title shall be 
construed to affect the validity of any action taken or any 
contract entered into before the date specified in the 
regulations pursuant to section 895(b)(3) except to the extent 
and in the manner prescribed in such regulations.
  (2) Except as specifically provided in this title, nothing in 
this title shall be construed to require the renegotiation or 
modification of contracts in existence on the date of the 
enactment of this Act.
  (3) Except as otherwise provided in this title, a law amended 
by this title shall continue to be applied according to the 
provisions thereof as such law was in effect on the day before 
the date of the enactment of this Act until--
          (A) the date specified in final regulations 
        implementing the amendment of that law (as promulgated 
        pursuant to this section); or
          (B) if no such date is specified in regulations, 
        October 1, 1996.
                              ----------                              

2. An Amendment To Be Offered by Representative Collins of Illinois or 
   a Designee Offered to the Amendment of Representative Clinger of 
 Pennsylvania, Consisting of an Amendment Printed in the Congressional 
     Record not Later Than June 13, 1995, Debatable for 40 Minutes

                              ----------                              


                  Subpart D: Ballistic Missile Defense

    1. An Amendment To Be Offered by Representative Spratt of South 
            Carolina or a Designee, Debatable for 20 Minutes

    Strike out section 232 (page 31, line 17 through page 32, 
line 4), and insert in lieu thereof the following new section.

SEC. 232. BALLISTIC MISSILE DEFENSE POLICY OF THE UNITED STATES.

    It is the policy of the United States--
          (1) to deploy at the earliest practical date highly 
        effective theater missile defenses (TMD) to protect 
        forward-deployed and expeditionary elements of the 
        Armed Forces of the United States and to complement the 
        missile defense capabilities of our allies and forces 
        friendly to the United States; and
          (2) to develop, test, and deploy, at the earliest 
        practical dates, a national missile defense system 
        (NMD) that complies with the ABM Treaty and is capable 
        of providing a highly effective defense of the United 
        States against limited ballistic missile attacks.
    Page 32, strike out line 17 and all that follows through 
line 5 on page 33 and insert in lieu thereof the following:
          (1) Up to 100 ground-based interceptors at the site 
        now designated by the ABM Treaty or additional ground-
        based interceptors at such other site or sites as the 
        Secretary of Defense may recommend if deployment of 
        ground-based interceptors at more than one site is 
        allowed by amendment to the ABM Treaty.
          (2) Fixed, ground-based radars.
          (3) Space-based sensors that are capable of acquiring 
        and tracking incoming reentry vehicles as an adjunct to 
        ground-based radars.
          (4) Battle management, communication, and control 
        systems integrated with ground-based radars and space-
        based sensors.
    Page 38, line 5, strike out ``DEFINED''.
    Page 38, line 6, insert ``(a) Definition.--'' before ``For 
purposes of''.
    Page 38, at the end of line 11, strike out the period and 
insert the following;
and all Agreed Statements and amendments to such Treaty in 
effect as of the date of the enactment of this Act or made 
after such date.
    Page 38, after line 11, insert the following:
    (b) Interpretation.--Nothing in this subtitle shall be 
interpreted to violate, or to authorize the violation by the 
United States of, the ABM Treaty. Any provision of this 
subtitle that authorizes or requires the United States to 
deviate from the ABM Treaty is premised on the assumption that 
before any such action is taken amendments will be made to the 
Treaty to make such provision compliant with the Treaty.
                              ----------                              

 2. An Amendment To Be Offered by Representative Dellums of California 
                or a Designee, Debatable for 20 Minutes

    Page 38, line 18, insert ``(a) In General.--'' before ``Of 
the amounts''
    Page 38, line strike $3,070,199,000 and insert 
$2,442,199,000.
    Page 38, after line 22, insert the following:
    (b) Reduction.--The amounts provided in subsection (a) and 
in section 201(4) are each hereby reduced by $628,000,000
    (d) Natural Missile Defense Amount.--Of the amount provide 
in subsection (a) (as reduced by subsection (b)), $371,000,000 
is for the National Missile Defense program.
    At the end of title IV (page 161, after line 3), insert the 
following new section:

SEC. 483. ADDITIONAL MILITARY PERSONNEL AUTHORIZATION.

    There is hereby authorized to be appropriated to the 
Department of Defense for fiscal year 1996 for military 
personnel the sum of $628,000,000. Of the amount appropriated 
pursuant to such authorization--
          (1) $150,000,000 (or the full amount appropriated, 
        whichever is less) shall be for increased payments for 
        the Variable Housing Allowance program under section 
        403a of title 37, United States Code, by reason of the 
        amendments made by section 604; and
          (2) any remaining amount shall be allocated, in such 
        manner as the Secretary of Defense prescribes, for 
        payments for the Variable Housing Allowance and the 
        Basic Allowance for Quarters in such a manner as to 
        minimize the need for enlisted personnel to apply for 
        food stamps.
    Page 280, beginning on line 19, strike out ``beginning 
after June 30, 1996'' and inserting in lieu thereof ``after 
September 1995''.
                              ----------                              


                        Subpart E: Burdensharing

1. An Amendment To Be Offered by Representative Shays of Connecticut or 
 Representative Frank of Massachusetts or a Designee, Debatable for 40 
                                Minutes
  At the end of title XII (page 409, after line 18), insert the 
following new section:

SEC. 1228. REDUCTION OF UNITED STATES MILITARY FORCES IN EUROPE.

  (a) End Strength Reductions for Military Personnel in 
Europe.--Notwithstanding section 1002(c)(1) of the National 
Defense Authorization Act, 1985 (22 U.S.C. 1928 note), but 
subject to subsection (d), for each of fiscal years 1996, 1997, 
1998, and 1999, the Secretary of Defense shall reduce the end 
strength level of members of the Armed Forces of the United 
States assigned to permanent duty ashore in European member 
nations of the North Atlantic Treaty Organization (NATO) in 
accordance with subsection (b).
  (b) Reduction Formula.--
          (1) Application of formula.--For each percentage 
        point by which, as of the end of a fiscal year, the 
        allied contribution level determined under paragraph 
        (2) is less than the allied contribution goal specified 
        in subsection (c), the Secretary of Defense shall 
        reduce the end strength level of members of the Armed 
        Forces of the United States assigned to permanent duty 
        ashore in European member nations of NATO by 1,000 for 
        the next fiscal year. The reduction shall be made from 
        the end strength level in effect, pursuant to section 
        1002(c)(1) of the National Defense Authorization Act, 
        1985 (22 U.S.C. 1928 note), and subsection (a) of this 
        section (if applicable), for the fiscal year in which 
        the allied contribution level is less than the goal 
        specified in subsection (c).
          (2) Determination of allied contribution level.--To 
        determine the allied contribution level with respect to 
        a fiscal year, the Secretary of Defense shall calculate 
        the aggregate amount of nonpersonnel costs for United 
        States military installations in European member 
        nations of NATO that are assumed during that fiscal 
        year by such nations, except that the Secretary may 
        consider only those cash and in-kind contributions by 
        such nations that replace expenditures that would 
        otherwise be made by the Secretary using funds 
        appropriated or otherwise made available in defense 
        appropriations Acts.
  (c) Annual Allied Contribution Goals.--
          (1) Goals.--In continuing efforts to enter into 
        revised host-nation agreements as described in the 
        provisions of law specified in paragraph (2), the 
        President is urged to seek to have European member 
        nations of NATO assume an increased share of the 
        nonpersonnel costs of United States military 
        installations in those nations in accordance with the 
        following timetable:
                  (A) By September 30, 1996, 18.75 percent of 
                such costs should be assumed by those nations.
                  (B) By September 30, 1997, 37.5 percent of 
                such costs should be assumed by those nations.
                  (C) By September 30, 1998, 56.25 percent of 
                such costs should be assumed by those nations.
                  (D) By September 30, 1999, 75 percent of such 
                costs should be assumed by those nations.
          (2) Specified laws.--The provisions of law referred 
        to in paragraph (1) are--
                  (A) section 1301(e) of National Defense 
                Authorization Act for Fiscal Year 1993 (Public 
                Law 102-484; 106 Stat. 2545);
                  (B) section 1401(c) of the National Defense 
                Authorization Act for Fiscal Year 1994 (Public 
                Law 103-160; 107 Stat. 1824); and
                  (C) section 1304 of the National Defense 
                Authorization Act for Fiscal Year 1995 (Public 
                Law 103-337; 108 Stat. 2890),
  (d) Exceptions.--
          (1) Minimum end strength authority.--Notwithstanding 
        reductions required pursuant to subsection (a), the 
        Secretary of Defense may maintain an end strength of at 
        least 25,000 members of the Armed Forces of the United 
        States assigned to permanent duty ashore in European 
        member nations of NATO.
          (2) Waiver authority.--The President may waive 
        operation of this section if the President declares an 
        emergency. The President shall immediately inform 
        Congress of any such waiver and the reasons for the 
        waiver.
  (e) Allocation of Force Reductions.--To the extent that there 
is a reduction in end strength level for any of the Armed 
Forces in European member nations of NATO in a fiscal year 
pursuant to subsection (a)--
          (1) half of the reduction shall be used to make a 
        corresponding reduction in the authorized end strength 
        level for active duty personnel for such Armed Force 
        for that fiscal year; and
          (2) half of the reduction shall be used to make a 
        corresponding increase in permanent assignments or 
        deployments of forces in the United States or other 
        nations (other than European member nations of NATO) 
        for each such Armed Force for that fiscal year, as 
        determined by the Secretary of Defense.
  (f) Nonpersonnel Costs Defined.--For purposes of this 
section, the term ``nonpersonnel costs'', with respect to 
United States military installations in European member nations 
of NATO, means costs for those installations other than costs 
paid from military personnel accounts.
                              ----------                              

                           Subpart F: Tritium

1. An Amendment To Be Offered by Representative Markey of Massachusetts 
                or a Designee, Debatable for 40 Minutes

    In section 3133:
    Page 528, line 17, strike out ``Funds'' and all that 
follows through page 529, line 9, and insert in lieu thereof 
the following:
    (1) Of the amounts authorized to be appropriated in section 
3101(b), not more than $50,000,000 shall be available for a 
project to provide a long-term source of tritium, subject to 
paragraph (2).
    (2) The amount made available under paragraph (1) may not 
be used until such time as the Secretary of Energy has 
completed a record of decision on a tritium production program 
and congressional hearings have been conducted to determine the 
appropriate option, in light of the national security needs and 
nonproliferation and environmental consequences, for 
establishing a long-term source of tritium.
    Page 530, strike out lines 1 through 9.
                              ----------                              


                          Subpart G: Abortion

1. An Amendment To Be Offered by Representative DeLauro of Connecticut 
                or a Designee, Debatable for 40 Minutes

    Page 311, strike out lines 1 through 13, relating to 
section 732 (expansion of existing limitations on the use of 
defense funds for the performance of abortions).
                              ----------                              

                                 PART 2

    (Amendments debatable for 10-minutes each. Amendments may 
be included in Chairman's amendments en bloc, debatable for 20 
minutes.)

 1. An Amendment To Be Offered by Representative Schroeder of Colorado 
                             or a Designee

    Page 175, before line 17, insert the following new 
subsection:
    (c) Contingent Implementation Based Upon Cost-Benefit 
Analysis.--The amendments made by subsection (a) shall take 
effect at the end of the 90-day period beginning on the date of 
the enactment of this Act, except that such amendments shall 
not take effect if the cost benefit analysis under subsection 
(d), as certified by the Secretary of Defense under that 
subsection, demonstrates that the benefits of implementation of 
such amendments exceed the costs to the Department of Defense 
of such implementation.
    (d) Cost-Benefit Analysis.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report on the anticipated costs, and 
the anticipated benefits, to the Department of Defense of 
implementation of the amendments made by subsection (a). In 
carrying out the analysis required for preparation of such 
report, the Secretary shall determine whether the benefits to 
the Department of Defense of implementing those amendments 
exceed the costs to the Department of Defense of such 
implementation. If the Secretary determines that such benefits 
exceed such costs, the Secretary shall certify that 
determination in the report.
                              ----------                              


 2. An Amendment To Be Offered by Representative Hoke of Colorado or a 
                                Designee

    At the end of title XII (page 409, after line 18), insert 
the following new section:

SEC. 1228. SENSE OF CONGRESS CONCERNING UNILATERAL IMPLEMENTATION OF 
                    START II TREATY.

    (a) Findings.--Congress finds that--
          (1) the START II Treaty has not entered into force; 
        and
          (2) the United States is nevertheless taking 
        unilateral steps to implement the reductions in 
        strategic forces called for by that treaty.
          (b) Sense of Congress.--It is the sense of Congress 
        that the Secretary of Defense should not implement any 
        reduction in strategic forces that is called for in the 
        START II Treaty unless and until that treaty enters 
        into force.
          (c) Definitions.--For purposes of this section, the 
        term ``START II Treaty'' means the Treaty between the 
        United States of America and the Russian Federation on 
        Further Reduction and Limitation of Strategic Offensive 
        Arms.
                              ----------                              

3. An Amendment To Be Offered by Representative Berman of California or 
                               a Designee

    Strike out section 1224 (page 398, line 22 through page 
402, line 22).
                              ----------                              


     4. An Amendment To Be Offered by Representative Montgomery of 
                       Mississippi or a Designee

    Page 216, strike lines 16 through 18.
    Page 217, after line 6 insert the following:
    (d) One-Year Extension of National Guard Civilian Youth 
Opportunities Pilot Program.--Section 1091(a) of the National 
Defense Authorization Act for Fiscal Year 1993 is amended by 
striking out ``During fiscal years 1993 through 1995'' and 
inserting in lieu thereof ``During fiscal years 1993 through 
1996''.
    (e) Report on Alternative Funding Sources.--Not later than 
six months after the date of the enactment of this Act, the 
Secretary of Defense, acting through the Chief of the National 
Guard Bureau, shall submit to Congress a report describing what 
funding sources, if any, are available (from other Federal 
agencies or from the private sector) to carry out the National 
Guard Civilian Youth Opportunities Pilot Program under the 
section other than through the use of funds appropriated to the 
Department of Defense.
                              ----------                              


 5. An Amendment To Be Offered by Representative Buyer of Indiana or a 
                                Designee

    At the end of title V (page 274, after line 11), insert the 
following new section:

SEC. 566. LIMITATION ON CIVIL-MILITARY PROGRAMS.

    (a) Limitation.--The Secretary of Defense may not obligate 
funds available to the Department of Defense for any fiscal 
year for participation during that fiscal year in a program 
specified in subsection (b) unless the Secretary has submitted 
to Congress a certification with respect to that fiscal year 
that--
          (1) funds are otherwise available for that fiscal 
        year for all requirements for personnel and equipment 
        for units of the Selected Reserve that are designated 
        for early deployment;
          (2) funds are otherwise available for that fiscal 
        year for all requirements for individual training and 
        professional development education for members of the 
        reserve components; and
          (3) the obligation of funds that the Secretary 
        proposes to make for such fiscal year for participation 
        in such programs is a higher priority than making such 
        funds available for reserve component readiness 
        (exclusive of such programs).
    (b) Covered Programs.--Subsection (a) applies with respect 
to the programs authorized in section 410 of title 10, United 
States Code, and sections 1045, 1091, and 1093 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484).
                              ----------                              

 6. An Amendment To Be Offered by Representative Mica of Florida or a 
                                Designee

    At the end of subtitle C of title I (page 20, after line 
25), insert the following new section:

SEC. 134. SONOBUOY PROGRAMS.

    Of the amount provided in section 102(a)(4)--
          (1) none of such amount shall be available for the 
        AN/SSQ-53 (DIFAR) program; and
          (2) $8,902,000 shall be available for the AN/SSQ-110 
        (EER) program.
                              ----------                              


  7. An Amendment To Be Offered by Representative Hansen of Utah or a 
                                Designee

    At the end of subtitle E of title I (page 22, after line 
14), insert the following new section:

SEC. 153. ASSISTANCE FOR CHEMICAL WEAPONS STOCKPILE COMMUNITIES 
                    AFFECTED BY BASE CLOSURE.

    The Secretary of Defense shall review and evaluate issues 
associated with closure of Department of Defense facilities co-
located with continuing chemical stockpile and chemical 
demilitarization operations. The review shall include analysis 
of the economic impacts on these communities and the unique 
reuse problems facing local communities associated with ongoing 
chemical weapons programs. The review should also include 
recommendations from the Secretary on methods for expeditious 
and cost-effective transfer of these facilities to local 
communities for base reuse or privatization. The Secretary 
shall submit to Congress a report on the review and evaluation 
not later than 30 days after the date of the enactment of this 
Act.
                              ----------                              


8. An Amendment To Be Offered by Representative Bateman of Virginia or 
                               a Designee

    At the end of subtitle B of title II (page 31, after line 
11), insert the following new section:

SEC. 217. DEVELOPMENT OF LASER PROGRAM.

    (a) Laser Program.--The amount authorized for appropriation 
by section 201 is hereby increased by $9,000,000, to be used 
for the development by the Naval High Energy Laser Office of a 
continuous wave, superconducting radio frequency free electron 
laser program.
    (b) Offset.--The amount authorized by section 201 is hereby 
reduced by $9,000,000, of which--
          (1) $7,000,000 shall be derived from amounts 
        authorized for experimental evaluation of major 
        innovative technologies (PE 63226E); and
          (2) $2,000,000 shall be derived from amounts 
        authorized for the space test program (PE 63402F).
                              ----------                              

9. An Amendment To Be Offered by Representative Harman of California or 
                               a Designee

    In section 257(e):
    Page 54, line 9, strike out ``(that'' and insert in lieu 
thereof ``and other entities that''.
    Page 54, line 10, strike out the closing parenthesis after 
``centers''.
    Page 55, line 1, insert after ``section 201'' the 
following: ``for federally funded research and development 
centers, university-affiliated research centers, and other 
entities that operate like federally funded research and 
development centers''.
                              ----------                              


 10. An Amendment To Be Offered by Representative Hansen of Utah or a 
                                Designee

    At the end of title II (page 61, after line 2), insert the 
following new section:

SEC. 263. FIBER OPTIC ACOUSTIC SENSOR SYSTEM.

    (a) Fiber Optic Acoustic Sensor System.--Of the amount 
appropriated pursuant to the authorization in section 201, 
$28,181,000 shall be available for fiscal year 1996 for the 
advanced submarine combat systems development program (PE 
63504N). Of that amount, $6,900,000 shall be available for 
research and development of a fiber optic acoustic sensor 
system, including the development of common optical towed 
arrays.
    (b) Offset.--The amount authorized in section 201 for the 
advanced submarine system development program (PE 63561N) is 
hereby reduced by $6,900,000.
                              ----------                              


 11. An Amendment To Be Offered by Representative Hansen of Utah or a 
                                Designee

    At the end of title II (page 61, after line 2), insert the 
following new sections:

SEC. 263. DEMILITARIZATION OF CONVENTIONAL MUNITIONS, ROCKETS, AND 
                    EXPLOSIVES.

    Of the amount appropriated pursuant to the authorization is 
section 201 for the joint Department of Defense-Department of 
Energy munitions technology development program (PE 63225D), 
$15,000,000 shall be available for cooperative development and 
demonstration of processes that comply with applicable 
environmental laws for the demilitarization and disposal of 
unserviceable, obsolete, or nontreaty compliant munitions, 
rocket motors, and explosives. In carrying out such development 
and demonstration, the Secretary of Defense and the Secretary 
of Energy should consider a number of potential technologies, 
including super-critical water oxidation, molten metal 
pyrolysis, plasma arc, catalytic fluidized-bed oxidation, 
molten salt oxidation, incineration, critical fluid extraction 
and ingredient recovery, and underground contained burning.
                              ----------                              

    12. An Amendment To Be Offered by Representative Cunningham of 
                        California or a Designee

    At the end of title II (page 61, after line 2), insert the 
following new section:

SEC. 263. JOINT TARGETING SUPPORT SYSTEM TESTBED.

    (a) Joint Targeting Support System Testbed.--The amount 
authorized in section 201(2) for theater mission planning 
(project A1784) is hereby increased by $10,000,000, to be used 
to establish a joint targeting support system testbed (in PE 
0204229N).
    (b) Offset.--The amount authorized in section 201(2) for 
the Tomahawk (project A0545) is hereby reduced by $10,000,000.
                              ----------                              


13. An Amendment To Be Offered by Representative Bateman of Virginia or 
                               a Designee

    Page 80, strike out line 21 and all that follows through 
line 17 on page 81, relating to section 335 of the bill 
(termination of overseas living quarters allowances for 
nonappropriated fund instrumentality employees), and insert the 
following new section:

SEC. 335. LIMITATION ON PROVISION OF OVERSEAS LIVING QUARTERS 
                    ALLOWANCES FOR NONAPPROPRIATED FUND INSTRUMENTALITY 
                    EMPLOYEES.

    (a) Conforming Allowance to Allowances for Other Civilian 
Employees.--Subject to subsection (b), any overseas living 
quarters allowance paid from nonappropriated funds and provided 
to a nonappropriated fund instrumentality employee after the 
date of the enactment of this Act may not exceed the amount of 
a quarters allowance provided under subchapter III of chapter 
59 of title 5 to a similarly situated civilian employee of the 
Department of Defense paid from appropriated funds.
    (b) Application to Certain Current Employees.--In the case 
of a nonappropriated fund instrumentality employee who, as of 
the date of the enactment of this Act, receives an overseas 
living quarters allowance under any other authority, subsection 
(a) shall apply to such employee only after the earlier of--
          (1) September 30, 1998; or
          (2) the date on which the employee otherwise ceases 
        to be eligible for such an allowance under such other 
        authority.
    (c) Nonappropriated Fund Instrumentality Employee 
Defined.--For purposes of this section, the term 
``nonappropriated fund instrumentality employee'' has the 
meaning given such term in section 1587(a)(1) of title 10, 
United States Code.
                              ----------                              

14. An Amendment To Be Offered by Representative Dunn of Washington or 
                               a Designee

    Page 98, strike out lines 3 through 8, relating to section 
359 of the bill (increase in commercial procurement of printing 
and duplication services), and insert the following new 
section:

SEC. 359. COMMERCIAL PROCUREMENT OF PRINTING AND DUPLICATION SERVICES.

    Consistent with the requirements of title 44, United States 
Code, during fiscal year 1996, the Defense Printing Service 
Code, during fiscal year 1996, the Defense Printing Service 
shall competitively procure up to 70 percent of its printing 
and duplication services.
                              ----------                              


15. An Amendment To Be Offered by Representative Smith of Michigan or a 
                                Designee

    On page 101, strike section 361 and insert the following 
new section:

SEC. 361. OPERATIONS OF DEFENSE REUTILIZATION AND MARKETING SERVICE.

    The Secretary of Defense shall proceed with selective 
privatization of the operations of the unit of the Defense 
Logistics Agency known as the Defense Reutilization and 
Marketing Service in accordance with the objectives of the 
National Performance Review and shall report to Congress by 
July 1, 1996, the status of the privatization efforts.
16. An Amendment To Be Offered by Representative Duncan of Tennessee or 
                               a Designee

    Strike out section 367 (page 107, line 16, through page 
108, line 2) and insert in lieu thereof the following:

SEC. 367. INCREASED RELIANCE ON THE PRIVATE SECTOR.

    (a) General Rule.--The Secretary of Defense shall endeavor 
to carry out through an entity in the private sector any 
activity to provide a commercial product or service for the 
Department of Defense if--
          (1) the product or serve can be provided through a 
        source in the private sector; and
          (2) an adequate competitive environment exists to 
        provide for economical accomplishment of the function 
        by the private sector.
    (b) Applicability.--(1) Subsection (a) shall not be 
construed to apply to any commercial product or service with 
respect to which the Secretary of Defense determines that--
          (A) production, manufacture, or provision of that 
        product or service by the Government is necessary for 
        reasons of national security; or
          (B) the product or service is so inherently 
        governmental in nature that it is in the public 
        interest to require production or performance, 
        respectively, by the Department of Defense.
    (2) A determination under paragraph (1) shall be made in 
accordance with regulations prescribed under subsection (c).
    (c) Regulations.--The Secretary of Defense shall prescribe 
regulations for the purposes of this section. Such regulations 
shall be prescribed in consultation with the Director of the 
Office of Management and Budget
    (d) Report.--(1) The Secretary of Defense shall identify 
all activities of the Department of Defense that are carried 
out to provide commercial products or services for the 
Department of Defense and that are carried out by personnel of 
the Department of Defense (other than activities specified by 
the Secretary pursuant to subsection (b)).
    (2) The Secretary shall transmit to Congress, not later 
than April 15, 1996, a report on matters relating to increased 
use of the private sector for the performance of commercial 
functions for the Department of Defense. The report shall 
include a list of all activities identified under paragraph 
(1). With respect to each such activity, the report shall 
indicate whether the activity is performed by the private 
sector or by personnel of the Department of Defense. In the 
case of any such activity performed by the Department of 
Defense, the report shall indicate whether the Secretary 
proposes to convert the performance of such activity to 
performance by the private sector and, if not, the reasons why.
    (3) The report shall include--
          (A) a description of the advantages and disadvantages 
        of using contractor personnel rather than employees of 
        the Department of Defense, to perform functions of the 
        Department that are not essential to the warfighting 
        mission of the Armed Forces;
          (B) specification of all legislative and regulatory 
        impediments to contracting those functions for private 
        performance; and
          (C) the views of the Secretary of Defense on the 
        desirability of terminating the applicability of OMB 
        Circular A-76 to the Department of Defense.
    (4) The Secretary shall carry out paragraph (1) in 
consultation with the Director of the Office of Management and 
Budget and the Comptroller General of the United States. In 
carrying out that paragraph, the Secretary shall consult with, 
and seek the views of, representatives of the private sector, 
including organizations representing small businesses.
                              ----------                              


17. An Amendment To Be Offered by Representative Bateman of Virginia or 
                               a Designee

    Page 120, line 22, insert after ``law enforcement'' the 
following: ``or emergency response''.
                              ----------                              


 18. An Amendment To Be Offered by Representative Edwards of Texas or 
              Representative Gillmor of Ohio or a Designee
  Page 121, strike out line 3 and all that follows through line 
23 on page 130, relating to section 384 of the bill (conversion 
of civilian marksmanship program to nonappropriated fund 
instrumentality), and insert in lieu thereof the following new 
section:

SEC. 384. CONVERSION OF THE CIVILIAN MARKSMANSHIP PROGRAM TO A 
                    FEDERALLY CHARTERED NONPROFIT CORPORATION.

  (a) Corporation.--
          (1) Establishment.--There is hereby established a 
        private nonprofit corporation, to be known as the 
        Corporation for the Promotion of Rifle Practice and 
        Firearms Safety (in this section referred to as the 
        ``Corporation''), for the promotion of rifle practice 
        and firearms safety.
          (2) Duties.--The Corporation shall be responsible for 
        the supervision, oversight, and control of the Civilian 
        Marksmanship Program.
          (3) Membership.--The Corporation shall have a board 
        of directors consisting of nine members. Each member 
        shall serve for a two-year term, except for four 
        members of the initial board of directors, who shall 
        serve a one-year term, and shall be eligible for 
        reappointment. The private members of the National 
        Board for the Promotion of Rifle Practice, as in 
        existence on the day before the date of the enactment 
        of this Act, shall forward nominations for membership 
        on the initial board of directors of the Corporation to 
        the governing body designated by the United States 
        Olympic Committee for international rifle and pistol 
        competition (in this section referred to as the ``USOC 
        designee'') not later than 10 days after the date of 
        the enactment of this Act. Unless the nomination is 
        rejected by the USOC designee by written notification 
        to the existing members of the National Board within 30 
        days of the nomination, the nominee shall be seated as 
        a member of the board of directors of the Corporation. 
        Members of the board of directors shall nominate 
        individuals to fill subsequent vacancies within 10 days 
        of the vacancy, with a right of rejection reserved to 
        the USOC designee by written notification to the 
        Corporation within 30 days of each nomination.
          (4) Director of civilian marksmanship and staff.--The 
        Corporation shall appoint a person to serve as the 
        Director of Civilian Marksmanship, who shall be 
        responsible for the day to day operations of the 
        Corporation and the Civilian Marksmanship Program. 
        Subject to the approval of the Corporation, the 
        Director and civilian employees of the Corporation may 
        enroll or remain enrolled without penalty or loss of 
        credit in all pension and benefits programs available 
        to civilian employees of the Department of Defense, the 
        employer's contribution to be paid by the Corporation.
  (b) Solicitation and Receipt of Funds.--
          (1) In general.--The Corporation and the Director may 
        solicit, accept, hold, use, and dispose of, in 
        furtherance of the activities of the Civilian 
        Marksmanship Program, donations of money, property, and 
        services received by gift, devise, bequest, or 
        otherwise.
          (2) Use of proceeds.--Amounts collected by the 
        Civilian Marksmanship Program, including the proceeds 
        from the sale of arms, ammunition, targets and other 
        supplies and appliances, shall be used to carry out the 
        Civilian Marksmanship Program.
          (3) Transfer of funds.--Amounts available to the 
        National Board for the Promotion of Rifle Practice as 
        of the date of enactment of this Act from rifle sales 
        programs and from fees in connection with competitions 
        sponsored by that board shall be transferred to the 
        Corporation to carry out the Civilian Marksmanship 
        Program.
          (4) Fees charged.--The Corporation may impose such 
        reasonable fees as are necessary to cover the direct 
        and indirect costs to the Corporation, for persons and 
        gun clubs participating in any program or competition 
        conducted under the Civilian Marksmanship Program for 
        the promotion of rifle practice and firearms safety 
        among civilians.
  (c) Responsibilities.--The Corporation, through the Civilian 
Marksmanship Program, shall provide for--
          (1) the operation and maintenance of indoor and 
        outdoor rifle ranges and their accessories and 
        appliances;
          (2) the instruction of citizens of the United States 
        in marksmanship, and the employment of trained 
        instructors for the purpose;
          (3) the promotion of practice in the use of rifled 
        arms and the maintenance and management of matches and 
        competitions in the use of those arms; and
          (4) the award to competitors of trophies, prizes, 
        badges, and other insignia.
  (d) Youth Activities.--The Corporation, through the Civilian 
Marksmanship Program, shall give priority to activities that 
benefit firearms safety training and competition for youth and 
reach as many youth participants as possible.
  (e) Eligibility.--
          (1) Affidavit.--Before a person may participate in 
        any activity sponsored or supported by the Civilian 
        Marksmanship Program, the person shall be required to 
        certify by affidavit the following:
                  (A) The person has not been convicted of any 
                violation of section 922 of title 18, United 
                States Code. The Director may require any 
                person to attach certification from the 
                appropriate State or Federal law enforcement 
                agency to the person's affidavit.
                  (B) The person is not a member of any 
                organization that advocates the violent 
                overthrow of the United States Government.
          (2) Effect of conviction.--A person who has been 
        convicted of a violation of section 922 of title 18, 
        United States Code, shall not be eligible to 
        participate in any activity sponsored or supported by 
        the Corporation through the Civilian Marksmanship 
        Program.
          (3) Further limitations on participation.--The 
        Director may limit participation as necessary to ensure 
        quality instruction in the rifled arms, participant 
        safety, and firearms security.
  (f) Arms and Ammunition.--
          (1) Issuance.--The Corporation may issue, without 
        cost, the arms, ammunition (including caliber .22 and 
        caliber .30 ammunition), targets, and other supplies 
        and appliances necessary for activities related to the 
        Civilian Marksmanship Program. Issuance shall be made 
        only to gun clubs under the direction of the 
        Corporation that provide training in the use of rifled 
        arms to youth, the Boy Scouts of America, 4-H Clubs, 
        Future Farmers of America, and other youth-oriented 
        organizations for training and competition. The 
        Corporation shall be responsible for ensuring adequate 
        oversight and accountability for these arms and 
        ammunition.
          (2) Sale to clubs.--The Corporation may sell at fair 
        market value caliber .30 rifles and ammunition for 
        caliber .30 rifles, .22 rifles, and air rifles to gun 
        clubs that are under the direction of the Corporation 
        and provide training in the use of rifled arms. In lieu 
        of sales, the Civilian Marksmanship Program may loan 
        caliber .30 rifles, .22 rifles, and air rifles to such 
        clubs, but the Corporation is responsible for ensuring 
        the oversight and accountability of such rifles.
          (3) Sale to individuals.--The Corporation may sell at 
        fair market value caliber .30 rifles, ammunition, 
        targets, and other supplies and appliances necessary 
        for target practice to citizens of the United States 
        over 18 years of age who are members of a gun club 
        under the direction of the Corporation. Such sales are 
        subject to applicable Federal, State, and local laws. 
        In addition to any other requirement, the Corporation 
        shall provide for a criminal records check of the 
        person with appropriate Federal and State law 
        enforcement agencies, and the Corporation shall not 
        sell weapons or ammunition to a person who has been 
        convicted of a felony or Federal or State firearms 
        violation.
  (g) Other Duties.--The Corporation shall provide for or 
assist in providing for--
          (1) the procurement of necessary supplies, 
        appliances, trophies, prizes, badges, and other 
        insignia, clerical and other services, and labor to 
        carry out the Civilian Marksmanship Program; and
          (2) transportation of employees, instructors, and 
        civilians to give or receive instruction or to assist 
        or engage in practice in the use of rifled arms, and 
        the transportation and subsistence, or an allowance in 
        lieu of subsistence, of members of teams authorized by 
        the Corporation to participate in matches or 
        competitions in the use of rifled arms.
  (h) Authority of Secretary of Defense to Sell Surplus Arms 
and Ammunition.--Subject to section 1208 of the National 
Defense Authorization Act for Fiscal Years 1990 and 1991 
(Public Law 101-189; 10 U.S.C. 372 note), relating to the 
transfer of excess small arms and ammunition to support 
Government counter-drug activities, the Secretary of the Army 
shall reserve for the Civilian Marksmanship Program all 
remaining M-1 Garand rifles, and ammunition for such rifles, 
held by the Army on the date of the enactment of this Act. 
After such date, the Secretary of the Army shall cease 
demilitarization of remaining M-1 Garand rifles in the Army 
inventory unless such rifles are determined to be irreparable 
by the Defense Logistics Agency. Any transfers of arms and 
ammunition to the Corporation under this section shall be made 
without cost to the Civilian Marksmanship Program, except that 
the Corporation shall assume the cost of preparation and 
transportation of the transferred rifles.
  (i) Logistical Support to Civilian Marksmanship Program.--The 
Secretary of Defense, under such regulations as the Secretary 
may prescribe, may provide logistical support to the Civilian 
Marksmanship Program, for competitions and other activities 
conducted by the Corporation. The Secretary shall recoup only 
the incremental cost for this support from the Corporation. The 
National Matches may continue to be held at the current 
Department of Defense facilities as part of the support 
authorized under this section.
  (j) Repeal.--(1) Sections 4307, 4308, 4310, and 4311 of title 
10, United States Code, are repealed.
  (2) The table of sections at the beginning of chapter 401 of 
such title is amended by striking out the items relating to 
sections 4307, 4308, 4310, and 4311.
                              ----------                              

19. An Amendment To Be Offered by Representative Lewis of California or 
            Representative Skeen of New Mexico or a Designee

    At the end of title III (page 153, after line 25), insert 
the following new section:

SEC. 396. AUTHORIZED EXPANSION OF SOUTHWEST BORDER STATES ANTI-DRUG 
                    INFORMATION SYSTEM.

    (a) Finding.--Congress finds that the Southwest Border 
States Anti-Drug Information Systems program is an essential 
component of the counter-drug program of the Department of 
Defense.
    (b) Expansion of Program.--Using such funds as may be made 
available to carry out the Southwest Border States Anti-Drug 
Information Systems program, the Secretary of Defense shall 
begin implementation of phase II of this program during fiscal 
year 1996.
                              ----------                              


 20. An Amendment To Be Offered by Representative Dornan of California 
                             or a Designee

    At the end of subtitle B of title V (page 189, after line 
7), insert the following new section:

SEC. 519. ACTIVITY DUTY ASSOCIATE UNIT RESPONSIBILITY.

    (a) Associate Units--Subsection (a) of section 1131 of the 
National Defense Authorization Act for Fiscal Year 1993 (Public 
Law 102-484; 106 Stat. 2540) is amended to read as follows:
    ``(a) Associate Units.--The Secretary of the Army shall 
require--
          ``(1) that each ground combat maneuver brigade of the 
        Army National Guard that (as determined by the 
        Secretary) is essential for the execution of the 
        National Military Strategy be associated with an 
        activity-duty combat unit; and
          ``(2) that combat support and combat service support 
        units of the Army Selected Reserve that (as determined 
        by the Secretary) are essential for the execution of 
        the National Military Strategy be associated with 
        activity-duty units.''.
    (b) Responsibilities.--Subsection (b) of such section is 
amended--
          ``(1) by striking out ``National Guard combat unit'' 
        in the matter preceding paragraph (1) and inserting in 
        lieu thereof ``National Guard unit or Army Selected 
        Reserve unit that (as determined by the Secretary under 
        subsection (a)) is essential for the execution of the 
        National Military Strategy''; and
          ``(2) by striking out ``of the National Guard unit'' 
        in paragraphs (1), (2), (3), and (4) and inserting in 
        lieu thereof ``of that unit''.
                              ----------                              


21. An Amendment To Be Offered by Representative Gilman of New York or 
                               a Designee
  Strike out section 563 (page 238, line 1, through page 271, 
line 19) and insert in lieu thereof the following:
SEC. 563. DETERMINATION OF WHEREABOUTS AND STATUS OF MISSING PERSONS.

  (a) Purpose.--The purpose of this section is to ensure that 
any member of the Armed Forces, and any civilian employee of 
the United States or contractor of the United States who serves 
with or accompanies the Armed Forces in the field under orders, 
is accounted for by the United States (by the return of such 
person alive, by the return of the remains of such person, or 
by the decision that credible evidence exists to support 
another determination of the status of such person) and, as a 
general rule, is not declared dead solely because of the 
passage of time.
  (b) In General.--(1) Part II of subtitle A of title 10, 
United States Code, is amended by inserting after chapter 75 
the following new chapter:

                     ``CHAPTER 76--MISSING PERSONS
``Sec.
``1501. System for accounting for missing persons.
``1502. Missing persons: initial report.
``1503. Initial board inquiry; actions of theater component commander 
          and head of the agency.
``1504. Subsequent board inquiry; actions of head of the agency.
``1505. Further review.
``1506. Personnel files.
``1507. Recommendation of status of death.
``1508. Judicial review.
``1509. Persons previously declared dead.
``1510. Procedures applicable in case of civilians.
``1511. Return alive of person declared missing or dead.
``1512. Effect on State law.
``1513. Definitions.
``Sec. 1501. System for accounting for missing persons
  ``(a) Office for Missing Personnel.--(1) The Secretary of 
Defense shall establish within the Office of the Secretary of 
Defense an office to have responsibility for Department of 
Defense policy relating to missing persons. Subject to the 
authority, direction, and control of the Secretary of Defense, 
the responsibilities of the office shall include--
          ``(A) policy, control, and oversight within the 
        Department of Defense of the entire process for 
        investigation and recovery (including search and 
        rescue) related to missing persons; and
          ``(B) coordination for the Department of Defense with 
        other departments and agencies of the United States on 
        all matters concerning missing persons.
  ``(2) In carrying out the responsibilities of the office 
established under this subsection, the head of the office shall 
coordinate the efforts of that office with those of other 
departments and agencies and other elements of the Department 
of Defense for such purposes and shall be responsible for the 
coordination for such purposes within the Department of Defense 
among the military departments, the Joint Staff, and the 
commanders of the combatant commands.
  ``(3) The office shall establish policies, which shall apply 
uniformly through the Department of Defense, for personnel 
recovery (including search and rescue).
  ``(4) The office shall establish procedures to be followed by 
Department of Defense boards of inquiry, and by officers 
reviewing the reports of such boards, under this chapter.
  ``(b) Other Departments and Agencies.--(1) The Secretary of 
State shall designate an officer of the Department of State to 
have responsibility within that Department for matters relating 
to missing persons.
  ``(2) The Secretary of Transportation shall designate an 
officer of the Department of Transportation to have 
responsibility within that Department for matters relating to 
missing persons.
  ``(3) The Director of Central Intelligence shall designate an 
officer of the Central Intelligence Agency to have 
responsibility within that Agency for matters relating to 
missing persons.
  ``(4) The President shall direct the heads of such other 
departments and agencies as the President considers appropriate 
to make a similar designation for their respective departments 
and agencies.
  ``(c) Uniform DOD Procedures.--(1) The Secretary of Defense 
shall prescribe procedures, to apply uniformly through the 
Department of Defense, for--
          ``(A) the determination of the status of persons 
        described in subsection (d); and
          ``(B) for the systematic, comprehensive, and timely 
        collection, analysis, review, dissemination, and 
        periodic update of information related to such persons.
  ``(2) Such procedures shall be prescribed in a single 
directive applicable to all elements of the Department of 
Defense.
  ``(3) As part of such procedures, the Secretary may provide 
for the extension, on a case-by-case basis, of any time limit 
specified in section 1502, 1503, or 1504 of this title. Any 
such extension may not be for a period in excess of one-half of 
the period with respect to which the extension is provided. 
Subsequent extensions may be provided on the same basis.
  ``(d) Covered Persons.--Section 1502 of this title applies in 
the case of the following persons:
          ``(1) Any member of the armed forces on active duty 
        who disappears as a result of a hostile action, or 
        under circumstances suggesting that the disappearance 
        is a result of a hostile action, and whose status is 
        undetermined or who is unaccounted for (except under 
        circumstances suggesting that the disappearance is 
        voluntary).
          ``(2) Any civilian employee of the United States or 
        employee of a contractor of the United States who, 
        while serving with or accompanying the armed forces in 
        the field, disappears under circumstances described in 
        paragraph (1) and whose status is undetermined or who 
        is unaccounted for (except under circumstances 
        suggesting that the disappearance is voluntary).
  ``(e) Primary Next of Kin.--The individual who is primary 
next of kin of a person described in subsection (d) may for 
purposes of this chapter designate another individual to act on 
behalf of that individual as primary next of kin. The Secretary 
of Defense shall treat an individual so designated as if the 
individual designated were the primary next of kin for purposes 
of this chapter. A designation under this subsection may be 
revoked at any time by the person who made the designation.
  ``(f) Termination of Applicability of Procedures When Missing 
Person Is Accounted For.--The provisions of this chapter 
relating to boards of inquiry and to actions by the Secretary 
concerned on the reports of those boards shall cease to apply 
in the case of a missing person upon that person becoming 
accounted for or otherwise being determined to be in a status 
other than the status of missing or missing in action.

``Sec. 1502. Missing persons: initial report by unit commander

  ``(a) Preliminary Assessment and Recommendation by 
Commander.--After receiving information that the whereabouts or 
status of a person described in section 1501(d) of this title 
is uncertain and that the absence of the person may be 
involuntary, the commander of the unit, facility, or area to or 
in which the person is assigned shall make a preliminary 
assessment of the circumstances. If, as a result of that 
assessment, the commander concludes that the person is missing, 
the commander shall--
          ``(1) recommend that the person be placed in a 
        missing status; and
          ``(2) not later than 48 hours after receiving such 
        information, transmit that recommendation to the 
        theater component commander with jurisdiction over the 
        missing person in accordance with procedures prescribed 
        under section 1501(c) of this title.
  ``(b) Forwarding of Records.--The commander making the 
initial assessment shall (in accordance with procedures 
prescribed under section 1501(c) of this title) safeguard and 
forward for official use any information relating to the 
whereabouts or status of the person that result from the 
preliminary assessment or from actions taken to locate the 
person.

``Sec. 1503. Initial board inquiry; actions of theater component 
                    commander and head of the agency
  ``(a) Appointment of Board.--Not later than ten days after 
receiving notification under section 1502(a)(2) of this title 
that a person has been recommended for placement in a missing 
status, the theater component commander to whom the 
notification is transmitted shall appoint a board to conduct an 
inquiry into the whereabouts and status of the person.
  ``(b) Inquiries Involving More Than One Missing Person.--If 
it appears to the commander who appoints a board under this 
section that the absence or missing status of two or more 
persons is factually related, the commander may appoint a 
single board under this section to conduct the inquiry into the 
whereabouts or status of all such persons.
  ``(c) Composition.--(1) A board appointed under this section 
shall consist of at least one individual described in paragraph 
(2) who has experience with and understanding of military 
operations or activities similar to the operation or activity 
in which the person disappeared.
  ``(2) An individual referred to in paragraph (1) is the 
following:
          ``(A) A military officer, in the case of an inquiry 
        with respect to a member of the armed forces.
          ``(B) A civilian, in the case of an inquiry with 
        respect to a civilian employee of the United States or 
        of a contractor of the United States.
  ``(3) An individual may be appointed as a member of a board 
under this section only if the individual has a security 
clearance that affords the member access to all information 
relating to the whereabouts and status of the missing persons 
covered by the inquiry.
  ``(d) Duties of Board.--A board appointed to conduct an 
inquiry into the whereabouts or status of a missing person 
under this section shall--
          ``(1) collect, develop, and investigate all facts and 
        evidence relating to the disappearance, whereabouts, or 
        status of that person;
          ``(2) collect appropriate documentation of the facts 
        and evidence covered by the investigation;
          ``(3) analyze the facts and evidence, make findings 
        based on that analysis, and draw conclusions as to the 
        current whereabouts and status of the person; and
          ``(4) with respect to each person covered by the 
        inquiry, recommend to the commander who appointed the 
        board that--
                  ``(A) the person be placed in a missing 
                status; or
                  ``(B) the person be declared to have 
                deserted, to be absent without leave, or to be 
                dead.
  ``(e) Inquiry Proceedings.--(1) During the proceedings of an 
inquiry under this section, a board shall--
          ``(A) collect, record, and safeguard all facts, 
        documents, statements, photographs, tapes, messages, 
        maps, sketches, reports, and other information (whether 
        classified or unclassified) relating to the whereabouts 
        or status of each person covered by the inquiry;
          ``(B) gather information relating to actions taken to 
        find the person, including any evidence of the 
        whereabouts or status of the person arising from such 
        actions; and
          ``(C) maintain a record of its proceedings.
  ``(2) The commander who appoints a board under this section 
may request the commander of the combatant command to provide 
such assistance as the board or the commander may require for 
purposes of this section.
  ``(f) Counsel for Missing Person.--(1) The commander 
appointing a board to conduct an inquiry under this section 
shall appoint counsel to represent each person covered by the 
inquiry, or, in the case described by 1503(c) of this title, 
one counsel to represent all persons covered by the inquiry. 
Counsel appointed under this paragraph may be referred to as 
`missing person's counsel'.
  ``(2) To be appointed as a missing person's counsel, a person 
must--
          ``(A) have the qualifications specified in section 
        827(b) of this title (article 27(b) of the Uniform Code 
        of Military Justice) for trial counsel or defense 
        counsel detailed for a general court-martial; and
          ``(B) have a security clearance that affords the 
        counsel access to all information relating to the 
        whereabouts or status of the person or persons covered 
        by the inquiry.
  ``(3) A missing person's counsel--
          ``(A) shall have access to all facts and evidence 
        considered by the board during the proceedings under 
        the inquiry for which the counsel is appointed;
          ``(B) shall observe all official activities of the 
        board during such proceedings;
          ``(C) may question witnesses before the board; and
          ``(D) shall monitor the deliberations of the board; 
        and
  ``(4) A missing person's counsel shall review the report of 
the board under subsection (i) and submit to the commander who 
appointed the board an independent review of that report. That 
review shall be made an official part of the record of the 
board.
  ``(g) Access to Proceedings.--The proceedings of a board 
during an inquiry under this section shall be closed to the 
public (including, with respect to any missing person covered 
by the inquiry, the primary next of kin, other members of the 
immediate family, and any other previously designated person 
designated under section 655 of this title).
  ``(h) Recommendation on Status of Missing Persons.--(1) Upon 
completion of its inquiry, a board appointed under this section 
shall make a recommendation to the commander who appointed the 
board as to the appropriate determination of the current 
whereabouts or status of each person whose whereabouts were 
covered by the inquiry.
  ``(2)(A) A board may not recommend under paragraph (1) that a 
person be declared dead unless the board determines that the 
evidence before it established conclusive proof of the death of 
the person.
  ``(B) In this paragraph, the term `conclusive proof of death' 
means evidence establishing that death is the only credible 
explanation for the absence of the person.
  ``(i) Report.--(1) A board appointed under this section shall 
submit to the commander who appointed it a report on the 
inquiry carried out by the board. The report shall include--
          ``(A) a discussion of the facts and evidence 
        considered by the board in the inquiry;
          ``(B) the recommendation of the board under 
        subsection (h) with respect to each person covered by 
        the report; and
          ``(C) disclosure of whether classified documents and 
        information were reviewed by the board or were 
        otherwise used by the board in forming recommendations 
        under subparagraph (B).
  ``(2) A report under this subsection with respect to a 
missing person shall be submitted not later than 45 days after 
the date on which that person is first reported missing.
  ``(3) A report submitted under this subsection may not be 
made public until one year after the date on which the report 
is submitted.
  ``(j) Review and Determination of Status by Component 
Commander.--(1) Not later than 15 days after the date of the 
receipt of a report under subsection (i), the commander who 
appointed the board shall review--
          ``(A) the report; and
          ``(B) the review of that report submitted under 
        subsection (f)(4) by the missing person's counsel.
  ``(2) In reviewing a report under paragraph (1), the 
commander receiving the report shall determine whether or not 
the report is complete and free of administrative error. If the 
commander determines that the report is incomplete, or that the 
report is not free of administrative error, the commander may 
return the report to the board for further action on the report 
by the board.
  ``(3) Upon a determination by the commander reviewing a 
report under this subsection that the report is complete and 
free of administrative error, the commander shall make a 
determination of the status of each person covered by the 
report.
  ``(4) The report, together with the determination under 
paragraph (3), shall be promptly forwarded to the commander of 
the combatant command for the geographic area in which the 
missing person disappeared.
  ``(k) Review by CINC.--(1) The commander of the combatant 
command shall review a report received under subsection (j)(4). 
Not later than 30 days after receiving such report, that 
commander shall forward that report to the Secretary concerned. 
In the case of a missing person who is a member of the Army, 
Navy, Air Force, or Marine Corps, the report shall be forwarded 
to or through the Secretary of Defense in accordance with 
procedures prescribed under section 1501(c) of this title.
  ``(2) The review under paragraph (1) shall be conducted in 
accordance with procedures prescribed under section 1501(a)(3) 
of this title.
  ``(l) Determination by Secretary.--(1) The Secretary of 
Defense (or the Secretary of the military department concerned 
acting under delegation of authority from the Secretary of 
Defense) shall review the determinations of a theater component 
commander in a report forwarded under this section.
  ``(2) After conducting such review, the Secretary shall make 
a determination, with respect to each person whose status is 
covered by the report, whether to leave unchanged the status of 
such person as determined by the theater component commander 
under subsection (j)(3) or whether to change that status to 
another appropriate status, as determined by the Secretary. 
shall (1) continue to have a missing status, (2) be 
declared to have deserted, (3) be declared to be absent without 
leave, or (4) be declared to be dead. deg.
  ``(3) In making such determination, the Secretary may convene 
a board in accordance with section 1504 of this title.
  ``(m) Report to Family Members and Other Interested 
Persons.--Not later than 30 days after the date on which the 
Secretary makes a determination under subsection (k), the 
Secretary of Defense, acting through the head of the office 
established under section 1501(a) of this title, shall--
          ``(1) provide an unclassified summary of the report 
        of the board (including the name of the missing 
        person's counsel for the inquiry, the names of the 
        members of the board, and the name of the commander who 
        convened the board) to the primary next of kin, to the 
        other members of the immediate family, and to any other 
        previously designated person of the missing person; and
          ``(2) inform each individual to whom such summary is 
        provided that the United States will conduct a 
        subsequent inquiry into the whereabouts or status of 
        the person not earlier than one year after the date of 
        the first official notice of the disappearance of the 
        missing person, unless information becomes available 
        sooner that would result in a substantial change in the 
        determination of the status of the person.

``Sec. 1504. Subsequent board inquiry; actions of head of the agency

  ``(a) Additional Board.--If information on the whereabouts or 
status of a person covered by an inquiry under section 1503 of 
this title becomes available within one year after the date of 
the submission of the report submitted under section 1502 of 
this title, the Secretary of Defense, acting through the head 
of the office established under section 1501(a) of this title, 
shall appoint a board under this section to conduct an inquiry 
into the information
  ``(b) Authority for Inquiry.--The Secretary of Defense may 
delegate authority over such subsequent inquiry to the 
Secretary concerned.
  ``(c) Secretary Concerned.--In this chapter, the term 
`Secretary concerned', in the case of a civilian employee of 
the United States or contractor of the United States, means the 
Secretary of the executive department or head of the agency 
employing the employee or contracting with the contractor, as 
the case may be.
  ``(d) Date of Appointment.--The Secretary shall appoint a 
board under this section to conduct an inquiry into the 
whereabouts and status of a missing person on or about one year 
after the date of the report concerning that person submitted 
under section 1502 of this title.
  ``(e) Combined Inquiries.--If it appears to the Secretary 
that the absence or status of two or more persons is factually 
related, the Secretary may appoint one board under this section 
to conduct the inquiry into the whereabouts or status of all 
such persons.
  ``(f) Composition.--(1) Subject to paragraphs (2) and (3), a 
board appointed under this section shall consist of the 
following:
          ``(A) In the case of a board appointed to inquire 
        into the whereabouts or status of a member of the armed 
        forces, not less than three officers having the grade 
        of major or lieutenant commander or above.
          ``(B) In the case of a board appointed to inquire 
        into the whereabouts or status of a civilian employee 
        of the United States or an employee of a contractor of 
        the United States--
                  ``(i) not less than three employees of the 
                Department of Defense whose rate of annual pay 
                is equal to or greater than the rate of annual 
                pay payable for grade GS-13 of the General 
                Schedule under section 5332 of title 5; and
                  ``(ii) such members of the armed forces as 
                the Secretary of Defense considers advisable.
  ``(2) The Secretary shall designate one member of a board 
appointed under this section as president of the board. The 
president of the board shall have a security clearance that 
affords the president access to all information relating to the 
whereabouts and status of each person covered by the inquiry.
  ``(3)(A) One member of each board appointed under this 
subsection shall be an attorney or judge advocate who has 
expertise in the public law relating to missing persons, the 
determination of death of such persons, and the rights of 
family members and dependents of such persons.
  ``(B) One member of each board appointed under this 
subsection shall be an individual who--
          ``(i) has an occupational specialty similar to that 
        of one or more of the persons covered by the inquiry; 
        and
          ``(ii) has an understanding of and expertise in the 
        official activities of one or more such persons at the 
        time such person or persons disappeared.
  ``(g) Duties of Board.--A board appointed under this section 
to conduct an inquiry into the whereabouts or status of a 
person shall--
          ``(1) review the report under subsection (i) of 
        section 1503 of this title of the board appointed to 
        conduct the inquiry into the status or whereabouts of 
        the person under section 1503 of this title and the 
        recommendation under subsection (j)(3) of that section 
        of the commander who appointed the board under that 
        subsection as to the status of the person;
          ``(2) collect and evaluate any document, fact, or 
        other evidence with respect to the whereabouts or 
        status of the person that has become available since 
        the completion of the inquiry under section 1503 of 
        this title;
          ``(3) draw conclusions as to the whereabouts or 
        status of the person;
          ``(4) determine on the basis of the activities under 
        paragraphs (1) and (2) whether the status of the person 
        should be continued or changed; and
          ``(5) submit to the Secretary of Defense a report 
        describing the findings and conclusions of the board, 
        together with a recommendation for a determination by 
        the Secretary concerning the whereabouts or status of 
        the person.
  ``(h) Counsel for Missing Persons.--(1) When the Secretary 
appoints a board to conduct an inquiry under this section, the 
Secretary shall appoint counsel to represent each person 
covered by the inquiry.
  ``(2) A person appointed as counsel under this subsection 
shall meet the qualifications and have the duties set forth in 
section 1503(f) of this title for a missing person's counsel 
appointed under that section.
  ``(3) The review of the report of a board on an inquiry that 
is submitted by such counsel shall be made an official part of 
the record of the board with respect to the inquiry.
  ``(i) Attendance of Family Members and Certain Other 
Interested Persons at Proceedings.--(1) With respect to any 
person covered by an inquiry under this section, the primary 
next of kin, other members of the immediate family, and any 
other previously designated person of the missing person may 
attend the proceedings of the board during the inquiry in 
accordance with this section.
  ``(2) The Secretary shall notify each individual referred to 
in paragraph (1) of the opportunity to attend the proceedings 
of a board. Such notice shall be provided not less than 60 days 
before the first meeting of the board.
  ``(3) An individual who receives a notice under paragraph (2) 
shall notify the Secretary of the intent, if any, of that 
individual to attend the proceedings of the board not less than 
21 days after the date on which the individual receives the 
notice.
  ``(4) Each individual who notifies the Secretary under 
paragraph (3) of the individual's intent to attend the 
proceedings of the board--
          ``(A) in the case of an individual who is the primary 
        next of kin or the previously designated person, may 
        attend the proceedings of the board with private 
        counsel;
          ``(B) shall have access to the personnel file of the 
        missing person, to unclassified reports (if any) of the 
        board appointed under section 1503 of this title to 
        conduct the inquiry into the whereabouts and status of 
        the person, and to any other unclassified information 
        or documents relating to the whereabouts and status of 
        the person;
          ``(C) shall be afforded the opportunity to present 
        information at the proceedings of the board that such 
        individual considers to be relevant to those 
        proceedings; and
          ``(D) subject to paragraph (5), shall be given the 
        opportunity to submit in writing objection to any 
        recommendation of the board under subsection (k) as to 
        the status of the missing person.
  ``(5) Objections under paragraph (4)(D) to any recommendation 
of the board shall be submitted to the president of the board 
not later than 30 days after the date on which the 
recommendations are made. The president shall include any such 
objections in the report of the board under subsection (k).
  ``(6) An individual referred to in paragraph (1) who attends 
the proceedings of a board under this subsection shall not be 
entitled to reimbursement by the United States for any costs 
(including travel, lodging, meals, local transportation, legal 
fees, transcription costs, witness expenses, and other 
expenses) incurred by that individual in attending such 
proceedings.
  ``(j) Availability of Information to Boards.--(1) In 
conducting proceedings in an inquiry under this section, a 
board may secure directly from any department or agency of the 
United States any information that the board considers 
necessary in order to conduct the proceedings.
  ``(2) Upon written request from the president of a board, the 
head of a department or agency of the United States shall 
release information covered by the request to the board. In 
releasing such information, the head of the department or 
agency shall--
          ``(A) declassify to an appropriate degree classified 
        information; or
          ``(B) release the information in a manner not 
        requiring the removal of markings indicating the 
        classified nature of the information.
  ``(3)(A) If a request for information under paragraph (2) 
covers classified information that cannot be declassified, 
cannot be removed before release from the information covered 
by the request, or cannot be summarized in a manner that 
prevents the release of classified information, the classified 
information shall be made available only to president of the 
board making the request and the counsel for the missing person 
appointed under subsection (f).
  ``(B) The president of a board shall close to persons who do 
not have appropriate security clearances those portions of the 
proceeding of the Board during which classified information is 
discussed. Participants at a proceeding of a board at which 
classified information is discussed shall comply with all 
applicable laws and regulations relating to the disclosure of 
classified information. The Secretary concerned shall assist 
the president of a board in ensuring that classified 
information is not compromised through board proceedings.
  ``(k) Recommendation on Status.--(1) Upon completion of an 
inquiry under this subsection, a board shall make a 
recommendation as to the current whereabouts or status of each 
missing person covered by the inquiry.
  ``(2) A board may not recommend under paragraph (1) that a 
person be declared dead unless--
          ``(A) proof of death is established by the board; and
          ``(B) in making the recommendation, the board 
        complies with section 1507 of this title.
  ``(l) Report.--A board appointed under this section shall 
submit to the Secretary of Defense a report on the inquiry 
carried out by the board, together with the evidence considered 
by the board during the inquiry. The report may include a 
classified annex.
  ``(m) Actions by Secretary.--(1) Not later than 30 days after 
the receipt of a report from a board under subsection (k), the 
Secretary shall review--
          ``(A) the report;
          ``(B) the review of the report submitted to the 
        Secretary under subsection (f)(3) by the counsel for 
        each person covered by the report; and
          ``(C) the objections, if any, to the report submitted 
        to the president of the board under subsection (g)(6).
  ``(2) In reviewing a report under paragraph (1) (including 
the review and objections described in subparagraphs (A) and 
(B) of that paragraph), the Secretary shall determine whether 
or not the report is complete and free of administrative error. 
If the Secretary determines that the report is incomplete, or 
that the report is not free of administrative error, the 
Secretary may return the report to the board for further action 
on the report by the board.
  ``(3) Upon a determination by the Secretary that a report 
reviewed under this subsection is complete and free of 
administrative error, the Secretary shall make a determination 
concerning the status of each person covered by the report.
  ``(n) Report to Family Members and Other Interested 
Persons.--Not later than 90 days after the date on which a 
board submits a report on a person under subsection (l), the 
Secretary of Defense shall--
          ``(1) with respect to each missing person whose 
        status or whereabouts are covered by the report, 
        provide an unclassified summary of the report to the 
        primary next of kin, the other members of the immediate 
        family, and any other previously designated person; and
          ``(2) in the case of a person who continues to be in 
        a missing status, inform each individual referred to in 
        paragraph (1) that the United States will conduct a 
        further investigation into the whereabouts or status of 
        the person not later than three years after the date of 
        the official notice of the disappearance of the person, 
        unless information becomes available within that time 
        that would result in a substantial change in the 
        official status of the person.

``Sec. 1505. Further review

  ``(a) Subsequent Review.--The Secretary shall conduct 
subsequent inquiries into the whereabouts or status of any 
person determined by the Secretary under section 1504 of this 
title to be in a missing status.
  ``(b) Frequency of Subsequent Reviews.--(1) Subject to 
paragraph (3), the Secretary shall appoint a board to conduct 
an inquiry with respect to a person under this subsection--
          ``(A) on or about three years after the date of the 
        official notice of the disappearance of the person; and
          ``(B) not later than every three years thereafter.
  ``(2) In addition to appointment of boards under paragraph 
(1), the Secretary shall appoint a board to conduct an inquiry 
with respect to a person under this subsection upon receipt of 
information that could result in a change or revision of status 
of a missing person. Whenever the Secretary appoints a board 
under this paragraph, the time for subsequent appointments of a 
board under paragraph (1)(B) shall be determined from the date 
of the receipt of such information.
  ``(3) The Secretary is not required to appoint a board under 
paragraph (1) with respect to the disappearance of any person--
          ``(A) more than 30 years after the first notice of 
        the disappearance of the missing person; or
          ``(B) if, before the end of such 30-year period, the 
        missing person is accounted for.
  ``(c) Conduct of Proceedings.--The appointment of, and 
activities before, a board appointed under this section shall 
be governed by the provisions of section 1504 of this title 
with respect to a board appointed under that section.

``Sec. 1506. Personnel files

  ``(a) Information in Files.--Except as provided in subsection 
(b), the Secretary of the department having jurisdiction over a 
missing person at the time of the person's disappearance shall, 
to the maximum extent practicable, ensure that the personnel 
file of the person contains all information in the possession 
of the United States relating to the disappearance and 
whereabouts or status of the person.
  ``(b) Classified Information.--(1) The Secretary concerned 
may withhold classified information from a personnel file under 
this section.
  ``(2) If the Secretary concerned withholds classified 
information from the personnel file of a person, the Secretary 
shall ensure that the file contains the following:
          ``(A) A notice that the withheld information exists.
          ``(B) A notice of the date of the most recent review 
        of the classification of the withheld information.
  ``(c) Wrongful Withholding.--Any person who knowingly and 
willfully withholds from the personnel file of a missing person 
any information (other than classified information) relating to 
the disappearance or whereabouts or status of a missing person 
shall be fined as provided in title 18 or imprisoned not more 
than one year, or both.
  ``(d) Availability of Information.--The Secretary concerned 
shall, upon request, make available the contents of the 
personnel file of a missing person to the missing person's 
primary next of kin, the other members of the missing person's 
immediate family, or any other previously designated person of 
the missing person.

``Sec. 1507. Recommendation of status of death

  ``(a) Requirements Relating to Recommendation.--A board 
appointed under section 1504 or 1505 of this title may not 
recommend that a person be declared dead unless--
          ``(1) credible evidence exists to suggest that the 
        person is dead;
          ``(2) the United States possesses no credible 
        evidence that suggests that the person is alive;
          ``(3) representatives of the United States have made 
        a complete search of the area where the person was last 
        seen (unless, after making a good faith effort to 
        obtain access to such area, such representatives are 
        not granted such access); and
          ``(4) representatives of the United States have 
        examined the records of the government or entity having 
        control over the area where the person was last seen 
        (unless, after making a good faith effort to obtain 
        access to such records, such representatives are not 
        granted such access).
  ``(b) Submittal of Information on Death.--If a board 
appointed under section 1504 or 1505 of this title makes a 
recommendation that a missing person be declared dead, the 
board shall include in the report of the board with respect to 
the person under such section the following:
          ``(1) A detailed description of the location where 
        the death occurred.
          ``(2) A statement of the date on which the death 
        occurred.
          ``(3) A description of the location of the body, if 
        recovered.
          ``(4) If the body has been recovered and is not 
        identifiable through visual means, a certification by a 
        practitioner of an appropriate forensic science that 
        the body recovered is that of the missing person.
``Sec. 1508. Judicial review

  ``(a) In General.--(1) A person referred to in paragraph (2) 
may obtain review of a finding described in paragraph (3) by 
the court of appeals of the United States for the circuit in 
which the person resides or in which the finding was made. 
Judicial review under this section shall be as provided in 
section 706 of title 5.
  ``(2) Paragraph (1) applies to any of the following persons 
with respect to a missing person subject to a finding described 
in paragraph (3):
          ``(A) The primary next of kin of the person.
          ``(B) A member of the immediate family of the person.
          ``(C) A dependent of the person.
          ``(D) A person previously designated by the person.
  ``(3) Paragraph (1) applies to the following findings:
          ``(A) A finding by a board appointed under section 
        1504 or 1505 of this title that a missing person is 
        dead.
          ``(B) A finding by a board appointed under section 
        1509 of this title that confirms that a missing person 
        formerly declared dead is in fact dead.
  ``(4) A person referred to in paragraph (2) shall request 
review of a finding under this subsection by filing with the 
appropriate court a written petition requesting that the 
finding be set aside.
  ``(b) Finality.--The decision of the court of appeals on a 
petition for review under subsection (a) is final, except that 
such decision is subject to review by the Supreme Court upon 
certiorari, as provided in section 1254 of title 28.
  ``(c) Additional Review.--(1) Subject to paragraph (2), upon 
request by a person referred to in subsection (a)(2), the 
Secretary concerned shall appoint a board to review the status 
of a person covered by a finding described in subsection (a)(3) 
if the court of appeals sets aside the finding and--
          ``(A) the time allowed for filing a petition for 
        certiorari has expired and no such petition has been 
        duly filed;
          ``(B) the petition for certiorari has been denied; or
          ``(C) the decision of the court of appeals has been 
        affirmed by the Supreme Court.
  ``(2) A person referred to in paragraph (1) shall make a 
request referred to in that paragraph not later than three 
years after the date of the event under that paragraph that 
entitles the person to request the appointment of a board.

``Sec. 1509. Persons previously declared dead

  ``(a) Review of Status.--(1) Not later than three years after 
the date of the enactment of this chapter, a person referred to 
in paragraph (2) may submit a request for appointment of a 
board to review the status of a person previously declared dead 
while in a missing status, in a case in which the death is 
declared to have occurred on or after December 7, 1941.
  ``(2) A board shall be appointed under this section with 
respect to the death of any person based on the request of any 
of the following persons:
          ``(A) The primary next of kin of such person.
          ``(B) An adult member of the immediate family of the 
        person previously declared dead.
          ``(C) An adult dependent of such person.
          ``(D) A person previously designated by such person.
  ``(3) A request under this section shall be submitted to the 
Secretary of the executive department or head of the agency of 
the United States that had jurisdiction over the person covered 
by the request at the time of the person's disappearance.
  ``(b) Appointment of Board.--Upon receiving a request under 
subsection (a), the official to whom the request is submitted 
shall appoint a board to review the status of the person 
covered by the request.
  ``(c) Duties of Board.--A board appointed under this section 
to review the status of a person previously declared dead 
shall--
          ``(1) conduct an investigation to determine the 
        status of the person; and
          ``(2) issue a report describing the findings of the 
        board under the investigation and the recommendations 
        of the board as to the status of the person.
  ``(d) Effect of Change in Status.--If a board appointed under 
this section recommends placing in a missing status a person 
previously declared dead, such person shall accrue no pay or 
allowances as a result of the placement of the person in such 
status.
  ``(e) Conduct of Proceedings.--The appointment of, and 
activities before, a board appointed under this section shall, 
to the extent practicable, be governed by the provisions of 
section 1504 of this title with respect to a board appointed 
under that section.
``Sec. 1510. Procedures applicable in case of civilians

  ``(a) In General.--In applying the procedures specified in 
this chapter in the case of a person described in section 
1501(d)(2) of this title--
          ``(1) any reference to the commander of the unit, 
        facility, or area to which the missing person is 
        assigned shall be treated as referring to the local 
        authority or supervisor of the department or agency of 
        the United States under whom the missing person was 
        directly operating or to whom the missing person was 
        responsible;
          ``(2) any reference to the theater component 
        commander shall be treated as referring to the senior 
        official in the region in which the missing person 
        disappeared of the department or agency of the United 
        States with jurisdiction over the missing person (or, 
        if there is no such official, such other person 
        (including the appropriate theater component commander) 
        as may be designated by the head of that department of 
        agency);
          ``(3) any reference to the Secretary concerned shall 
        be treated as referring to the head of the department 
        or agency of the United States with jurisdiction over 
        the missing person.
  ``(b) CINC Review Not To Apply.--The provisions of section 
1503(k) shall not apply in the case of a person described in 
section 1501(d)(2) of this title. In such a case, the report 
under section 1503(j)(4) of this title shall be submitted 
directly to the head of the department or agency of the United 
States with jurisdiction over the missing person.
  ``(c) Rule for Department of Defense Civilians.--In the case 
of a person described in section 1501(d)(2) of this title who 
is an employee of the Department of Defense, or an employee of 
a contractor of the Department of Defense, the head of the 
department or agency of the United States with jurisdiction 
over that person--
          ``(1) if the person is an employee of, or an employee 
        of a contractor of, a military department, shall be 
        considered to be the Secretary of that military 
        department; and
          ``(2) otherwise shall be considered to be the 
        Secretary of Defense.

``Sec. 1511. Return alive of person declared missing or dead

  ``(a) Pay and Allowances.--Any person in a missing status or 
declared dead under the Missing Persons Act of 1942 (56 Stat. 
143) or chapter 10 of title 37 or by a board appointed under 
this chapter who is found alive and returned to the control of 
the United States shall be paid for the full time of the 
absence of the person while given that status or declared dead 
under the law and regulations relating to the pay and 
allowances of persons returning from a missing status.
  ``(b) Effect on Gratuities Paid as a Result of Status.--
Subsection (a) shall not be interpreted to invalidate or 
otherwise affect the receipt by any person of a death gratuity 
or other payment from the United States on behalf of a person 
referred to in subsection (a) before the date of the enactment 
of this chapter.
  ``(c) Effect on Procedures Under This Chapter.--If a missing 
person returns alive to the control of the United States, no 
further review or action by a board under this chapter is 
required. deg.

``Sec. 1512. Effect on State law

  ``(a) Nonpreemption of State Authority.--Nothing in this 
chapter shall be construed to invalidate or limit the power of 
any State court or administrative entity, or the power of any 
court or administrative entity of any political subdivision 
thereof, to find or declare a person dead for purposes of the 
laws of such State or political subdivision.
  ``(b) State Defined.--In this section, the term `State' 
includes the District of Columbia, the Commonwealth of Puerto 
Rico, and any territory or possession of the United States.

``Sec. 1513. Definitions

  ``In this chapter:
          ``(1) The term `missing person' means--
                  ``(A) a member of the armed forces on active 
                duty who is in a missing status; or
                  ``(B) a civilian employee of the United 
                States or of a contractor of the United States 
                who is serving with or accompanying the armed 
                forces under orders and who is in a missing 
                status.
          ``(2) The term `missing status' means the status of a 
        missing person who is determined to be absent in a 
        status of--
                  ``(A) missing;
                  ``(B) missing in action;
                  ``(C) interned in a foreign country;
                  ``(D) captured, beleaguered, or besieged by a 
                hostile force; or
                  ``(E) detained in a foreign country against 
                that person's will.
          ``(3) The term `accounted for', with respect to a 
        person in a missing status, means that--
                  ``(A) the person is returned to United States 
                control alive;
                  ``(B) the remains of the person are returned 
                to the United States; or
                  ``(C) credible evidence exists to support 
                another determination of the person's status.
          ``(4) The term `member of the immediate family', in 
        the case of a missing person, means the spouse or a 
        child, parent, or sibling of the person.
          ``(5) The term `previously designated person', in the 
        case of a missing person, means an individual 
        designated by the missing person under section 655 of 
        this title for purposes of this chapter.
          ``(6) The term `classified information' means any 
        information the unauthorized disclosure of which (as 
        determined under applicable law and regulations) could 
        reasonably be expected to damage the national security.
          ``(7) The term `theater component commander' means, 
        with respect to any of the combatant commands, an 
        officer of any of the armed forces who (A) is commander 
        of all forces of that armed force assigned to that 
        combatant command, and (B) is directly subordinate to 
        the commander of the combatant command.''.
  (2) The tables of chapters at the beginning of subtitle A, 
and at the beginning of part II of subtitle A, of title 10, 
United States Code, are amended by inserting after the item 
relating to chapter 75 the following new item:

``76. Missing Persons............................................1501''.

  (c) Conforming Amendments.--Chapter 10 of title 37, United 
States Code, is amended as follows:
          (1) Section 555 is amended--
                  (A) in subsection (a), by striking out ``When 
                a member'' and inserting in lieu thereof 
                ``Except as provided in subsection (d), when a 
                member''; and
                  (B) by adding at the end the following new 
                subsection:
  ``(d) This section does not apply in a case to which section 
1502 of title 10 applies.''.
          (2) Section 552 is amended--
                  (A) in subsection (a), by striking out ``for 
                all purposes,'' in the second sentence of the 
                matter following paragraph (2) and all that 
                follows through the end of the sentence and 
                inserting in lieu thereof ``for all 
                purposes.'';
                  (B) in subsection (b), by inserting ``or is 
                determined under chapter 76 title 10'' before 
                the period at the end; and
                  (C) in subsection (e), by inserting ``or 
                under chapter 76 of title 10'' after ``section 
                555 of this title''.
          (3) Section 553 is amended--
                  (A) in subsection (f), by striking out ``the 
                date the Secretary concerned receives evidence 
                that'' and inserting in lieu thereof ``the date 
                on which, in a case covered by section 555 of 
                this title, the Secretary concerned receives 
                evidence, or, in a case covered by chapter 76 
                of title 10 the Secretary concerned determines 
                pursuant to that chapter, that''; and
                  (C) in subsection (g), by inserting ``or 
                under chapter 76 of title 10'' after ``section 
                555 of this title''.
          (4) Section 556 is amended--
                  (A) in subsection (a), by inserting after 
                paragraph (7) the following:
``Paragraphs (1), (5), (6), and (7) shall only apply with 
respect to a case to which section 555 of this title 
applies.'';
                  (B) in subsection (b), by inserting ``, in a 
                case to which section 555 of this title 
                applies,'' after ``When the Secretary 
                concerned''; and
                  (C) in subsection (h)--
                          (i) in the first sentence, by 
                        striking out ``status'' and inserting 
                        in lieu thereof ``pay''; and
                          (ii) in the second sentence, by 
                        inserting ``in a case to which section 
                        555 of this title applies'' after 
                        ``under this section''.
  (d) Designation of Individuals Having Interest in Status of 
Service Members.--(1) Chapter 37 of title 10, United States 
Code, is amended by adding at the end the following new 
section:

``Sec. 655. Designation of persons having interest in status of member 
                    as a missing person

  ``(a) The Secretary concerned shall, upon the enlistment or 
appointment of a person in the armed forces, require that the 
person specify in writing the person (if any), other than that 
person's primary next of kin, to whom information on the 
whereabouts or status of the member shall be provided if such 
whereabouts or status are investigated under chapter 76 of this 
title. The Secretary shall periodically, and whenever the 
member is deployed as part of a contingency operation or in 
other circumstances specified by the Secretary, require that 
such designation be reconfirmed, or modified, by the member.
  ``(b) The Secretary concerned shall, upon the request of a 
member, permit the member to change the person or persons 
specified by the member under subsection (a) at any time. Any 
such change shall be in writing.''.
  (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``655. Designation of persons having interest in status of member as a 
          missing person.''.
                    ____________________________________________________
 22. An Amendment To Be Offered by Representative Young of Alaska or a 
                                Designee

    At the end of title V (page 274, after line 11), insert the 
following new section:

SEC. 566. SEPARATION BENEFITS DURING FORCE REDUCTION FOR OFFICERS OF 
                    COMMISSIONED CORPS OF NATIONAL OCEANIC AND 
                    ATMOSPHERIC ADMINISTRATION.

    (a) Separation Benefits.--Subsection (a) of section 3 of 
the Act of August 10, 1956 (33 U.S.C. 857a), is amended by 
adding at the end the following new paragraph:
          ``(15) Section 1174a, special separation benefits 
        (except that benefits under subsection (b)(2)(B) of 
        such section are subject to the availability of 
        appropriations for such purpose and are provided at the 
        discretion of the Secretary of Commerce).''
    (b) Technical Corrections.--Such section is further 
amended--
          (1) by striking out ``Coast and Geodetic Survey'' in 
        subsections (a) and (b) and inserting in lieu thereof 
        ``commissioned officer corps of the National oceanic 
        and Atmospheric Administration''; and
          (2) in subsection (a), by striking out ``including 
        changes in those rules made after the effective date of 
        this Act'' in the matter preceding paragraph (1) and 
        inserting in lieu thereof ``as those provisions are in 
        effect from time to time''.
    (c) Temporary Early Retirement Authority.--Section 4403 
(other than subsection (f)) of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 
Stat. 2702; 10 U.S.C. 1293 note) shall apply to the 
commissioned officer corps of the National Oceanic and 
Atmospheric Administration in the same manner and to the same 
extent as that section applies to the Department of Defense. 
The Secretary of Commerce shall implement the provisions of 
that section with respect to such commissioned officer corps 
and shall apply the provisions of that section to the 
provisions of the Coast and Geodetic Survey Commissioned 
Officers' Act of 1948 relating to the retirement of members of 
such commissioned officer corps.
    (d) Effective Date.--This section shall apply only to 
members of the commissioned officer corps of the National 
Oceanic and Atmospheric Administration who are separated after 
September 30, 1995.
                              ----------                              


23. An Amendment To Be Offered by Representative Bateman of Virginia or 
                               a Designee

    At the end of subtitle C of title VI (page 289, after line 
23), insert the following new section:

SEC. 623. REPEAL OF PROHIBITION ON PAYMENT OF LODGING EXPENSES WHEN 
                    ADEQUATE GOVERNMENT QUARTERS ARE AVAILABLE.

    (a) Repeal.--Section 1589 of title 10, United States Code, 
is repealed.
    (b) Clerical Amendment.--The table of sections at the 
beginning of chapter 81 of such title is amended by striking 
out the time relating to section 1589.
                              ----------                              

24. An Amendment To Be Offered by Representative Hastings of Washington 
                             or a Designee

    Page 304, beginning on line 23, strike out ``September 30, 
1995'' and insert in lieu thereof ``October 1, 1994''.
                              ----------                              


      25. An Amendment To Be Offered by Representative Moakley of 
                      Massachusetts or a Designee

    Page 306, after line 5, insert the following new 
subsection:
    (b) Sense of Congress.--(1) Congress finds that the 
Uniformed Services Treatment Facilities provide quality health 
care to the 120,000 Department of Defense beneficiaries 
enrolled in the Uniformed Services Family Health Plan provided 
by these facilities.
    (2) In light of such finding, it is the sense of Congress 
that the Uniformed Services Family Health Plan provided by the 
Uniformed Services Treatment Facilities should not be 
terminated for convenience under provisions of the Federal 
Acquisition Regulation by the Secretary of Defense before the 
expiration of the current participation agreements.
                              ----------                              


26. An Amendment To Be Offered by Representative Hastings of Washington 
                             or a Designee

    Page 307, strike out line 20 and all that follows through 
line 6 on page 308, relating to section 724 of the bill 
(equitable implementation of uniform cost sharing requirements 
for Uniformed Services Treatment Facilities), and insert the 
following new section:

SEC. 724. EQUITABLE IMPLEMENTATION OF UNIFORM COST SHARING REQUIREMENTS 
                    FOR UNIFORMED SERVICES TREATMENT FACILITIES.

    (a) Time for Fee Implementation.--The uniform managed care 
benefit fee and copayment schedule developed by the Secretary 
of Defense for use in all managed care initiatives of the 
military health service system, including the managed care 
program of the Uniformed Services Treatment Facility, shall be 
extended to the managed care program of a Uniformed Services 
Treatment Facilities no sooner than the later of--
          (1) the start of the first fiscal year beginning 
        after the implementation of the TRICARE regional 
        program covering the service area of the Uniformed 
        Services Treatment Facility; or
          (2) the start of the first fiscal year beginning 180 
        days or more after the completion of the evaluation 
        conducted by the Comptroller General of the United 
        States under subsection (b).
    (b) Evaluation.--The Comptroller General of the United 
States shall conduct an evaluation to assess the impact of the 
benefit fee and copayment schedule described in subsection (a) 
on the Uniformed Services Treatment Facilities and to determine 
whether the benefit fee and copayment schedule may--
          (1) cause adverse selection of enrollees;
          (2) be inappropriate for a fully at-risk program 
        similar to civilian health maintenance organizations; 
        or
          (3) result in an enrolled population dissimilar to 
        the general beneficiary population.
                              ----------                              

27. An Amendment To Be Offered by Representative Pickett of Virginia or 
                               a Designee

    Page 307, strike out line 20 and all that follows through 
line 6 on page 308, relating to section 724 of the bill 
(equitable implementation of uniform cost sharing requirements 
for Uniformed Services Treatment Facilities), and insert the 
following new section:

SEC. 724. EQUITABLE IMPLEMENTATION OF UNIFORM COST SHARING REQUIREMENTS 
                    FOR UNIFORMED SERVICES TREATMENT FACILITIES.

    (a) Time for Fee Implementation.--The uniform managed care 
benefit fee and copayment schedule developed by the Secretary 
of Defense for use in all managed care initiatives of the 
military health service system, including the managed care 
program of the Uniformed Services Treatment Facilities, shall 
be extended to the managed care program of a Uniformed Services 
Treatment Facility only after the later of--
          (1) the implementation of the TRICARE regional 
        program covering the service area of the Uniformed 
        Services Treatment Facility; or
          (2) the end of the 180-day period beginning on the 
        date of the enactment of this Act.
    (b) Submission of Actuarial Estimates.--Paragraph (2) of 
subsection (a) shall operate as a condition on the extension of 
the uniform managed care benefit fee and copayment schedule to 
the Uniformed Services Treatment Facilities only if the 
Uniformed Services Treatment Facilities submit to the 
Comptroller General, within 30 days after the date of the 
enactment of this Act, actuarial estimates in support of their 
contention that the extension of such fees and copayments will 
have an adverse effect on the operation of the Uniformed 
Services Treatment Facilities and the enrollment of 
participants.
    (c) Evaluation.--Not later than 90 days after the date of 
the enactment of this Act, the Comptroller General shall submit 
to Congress the results of an evaluation of the effect on the 
Uniformed Services Treatment Facilities of the extension of the 
uniform benefit fee and copayment schedule to the Uniformed 
Services Treatment Facilities. However, the Comptroller General 
shall not be required to prepare or submit the evaluation if 
the Uniformed Services Treatment Facilities fail to 
satisfactorily comply with subsection (b), as determined by the 
Comptroller General.
                              ----------                              

28. An Amendment To Be Offered by Representative Bateman of Virginia or 
                               a Designee

    At the end of title VIII (page 329, after line 13), insert 
the following new section:

SEC. 809. COST REIMBURSEMENT RULES FOR INDIRECT COSTS ATTRIBUTABLE TO 
                    PRIVATE SECTOR WORK OF DEFENSE CONTRACTORS.

    (a) Defense Capability Preservation Agreement.--The 
Secretary of Defense may enter into an agreement, to be known 
as a ``defense capability preservation agreement'', with a 
defense contractor under which the cost reimbursement rules 
described in subsection (b) shall be applied. Such an agreement 
may be entered into in any case in which the Secretary 
determines that the application of such cost reimbursement 
rules would facilitate the achievement of the policy set forth 
in section 2501(c) of title 10, United States Code.
    (b) Cost Reimbursement Rules.--The cost reimbursement rules 
applicable under an agreement entered into under subsection (a) 
are as follows:
          (1) The Department of Defense shall, in determining 
        the reimbursement due a contractor for its indirect 
        costs of performing a defense contract, allow the 
        contractor to allocate indirect costs to its private 
        sector work only to the extent of the contractor's 
        allocable indirect private sector costs, subject to 
        paragraph (3).
          (2) For purposes of paragraph (1), the allocable 
        indirect private sector costs of a contractor are those 
        costs of the contractor that are equal to the amount by 
        which the revenue attributable to the private sector 
        work of the contractor exceeds the sum of--
                  (A) the direct costs attributable to such 
                work, and
                  (B) the incremental indirect costs 
                attributable to such work.
          (3) The total amount of allocable indirect private 
        sector costs for a contract in any year of the 
        agreement may not exceed the amount of indirect costs 
        that a contractor would have allocated to its private 
        sector work during that year in accordance with the 
        contractor's established and generally accepted 
        accounting practices.
    (c) Relationship to Accounting Practice Change.--The use of 
such generally accepted accounting practices by a contractor to 
such an agreement and the implementation of such an agreement 
does not constitute a change in cost accounting practices 
within the meaning of section 26(h)(1)(B) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 422(h)(1)(B)).
    (d) Contracts Covered.--An agreement entered into with a 
contractor under subsection (a) shall apply to all Department 
of Defense contracts with the contractor either existing on the 
date on which the agreement was entered into or awarded during 
the term of the agreement.
                              ----------                              

29. An Amendment To Be Offered by Representative Everett of Alabama or 
                               a Designee

    At the end of title IX (page 345, after line 17), insert 
the following new section:

SEC. 909. AVIATION TESTING CONSOLIDATION.

    (a) Limitation.--The Secretary of the Army may not 
consolidate the Aviation Technical Test Center with any other 
aviation testing facility until 60 days after the date on which 
a report described in subsection (b) is received by Congress.
    (b) Report.--A report referred to in subsection (a) is a 
report conducted by an entity outside the Department of Defense 
that evaluates the proposal of the Test and Evaluation Command 
of the Army to relocate the Aviation Technical Test Center to 
Yuma Proving Ground, Arizona. The evaluation of such proposal 
shall include consideration of the following if such a 
relocation were to be carried out:
          (1) The effect on, and cost of, maintenance and 
        logistics capability, including maintenance of a parts 
        inventory, to support the test fleet.
          (2) The availability of facilities and infrastructure 
        necessary to conduct the aviation testing mission at 
        Yuma Proving Ground.
          (3) The availability of engineers and maintenance 
        technicians to support the aviation testing mission at 
        Yuma Proving Ground.
          (4) The effect on current and future aircraft 
        programs.
          (5) Synergy of Army aviation.
          (6) Consistency with the efforts of the Army to 
        become the Department of Defense leader for rotary wing 
        aircraft.
                              ----------                              

30. An Amendment To Be Offered by Representative Pombo of California or 
            Representative Solomon of New York or a Designee

    At the end of title X (page 377, after line 19), insert the 
following new section:

SEC. 1033. ROTC ACCESS TO CAMPUSES.

    (a) In General.--Chapter 49 of title 10, United States 
Code, is amended by adding at the end the following new 
section:

``Sec. 983. Institutions of higher education that prohibit Senior ROTC 
                    units: denial of Department of Defense grants and 
                    contracts

    ``(a) Denial of Department of Defense Grants and 
Contracts.--(1) No funds appropriated or otherwise available to 
the Department of Defense may be made obligated by contract or 
by grant (including a grant of funds to be available for 
student aid) to any institution of higher education that, as 
determined by the Secretary of Defense, has an anti-ROTC policy 
and at which, as determined by the Secretary, the Secretary 
would otherwise maintain or seek to establish a unit of the 
Senior Reserve Officer Training Corps or at which the Secretary 
would otherwise enroll or seek to enroll students for 
participation in a unit of the Senior Reserve Officer Training 
Corps at another nearby institution of higher education.
    ``(2) In the case of an institution of higher education 
that is ineligible for Department of Defense grants and 
contracts by reason of paragraph (1), the prohibition under 
that paragraph shall cease to apply to that institution upon a 
determination by the Secretary that the institution no longer 
has an anti-ROTC policy.
    ``(b) Notice of Determination.--Whenever the Secretary 
makes a determination under subsection (a) that an institution 
has an anti-ROTC policy, or that an institution previously 
determined to have an anti-ROTC policy no longer has such a 
policy, the Secretary--
          ``(1) shall transmit notice of that determination to 
        the Secretary of Education and to the Committee on 
        Armed Services of the Senate and the Committee on 
        National Security of the House of Representatives; and
          ``(2) shall publish in the Federal Register notice of 
        that determination and of the effect of that 
        determination under subsection (a)(1) on the 
        eligibility of that institution for Department of 
        Defense grants and contracts.
    ``(c) Semiannual Notice in Federal Register.--The Secretary 
shall publish in the Federal Register once every six months a 
list of each institution of higher education that is currently 
ineligible for Department of Defense grants and contracts by 
reason of a determination of the Secretary under subsection 
(a).
    ``(d) Anti-ROTC Policy.--In this section, the term `anti-
ROTC policy' means a policy or practice of an institution of 
higher education that--
          ``(1) prohibits, or in effect prevents, the Secretary 
        of Defense from maintaining or establishing a unit of 
        the Senior Reserve Officer Training Corps at that 
        institution, or
          ``(2) prohibits, or in effect prevents, a student at 
        that institution from enrolling in a unit of the Senior 
        Reserve Officer Training Corps at another institution 
        of higher education.''.
    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the 
following new item:

``983. Institutions of higher education that prohibit Senior ROTC units: 
          denial of Department of Defense grants and contracts.''.
                              ----------                              

31. An Amendment To Be Offered by Representative Traficant of Ohio or a 
                                Designee

    At the end of title X (page 377, after line 19), insert the 
following new section:

SEC. 1033. APPLICATION OF BUY AMERICAN ACT PRINCIPLES.

    (a) Reinstatement of Principles.--(1) If the Secretary of 
Defense, after consultation with the United States Trade 
Representative, determines that a foreign country which is 
party to an agreement described in paragraph (2) has violated 
the terms of the agreement by discriminating against certain 
types of products produced in the United States that are 
covered by the agreement, the Secretary of Defense shall 
rescind the Secretary's blanket waiver of the Buy American Act 
with respect to such types of products produced in that foreign 
country.
    (2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of understanding, 
between the United States and a foreign country pursuant to 
which the Secretary of Defense has prospectively waived the Buy 
American Act for certain products in that country.
    (b) Report.--The Secretary of Defense shall submit to 
Congress a report on the amount of Department of Defense 
purchases from foreign entities in fiscal year 1996. Such 
report shall separately indicate the dollar value of items for 
which the Buy American Act was waived pursuant to any agreement 
described in subsection (a)(2), the Trade Agreement Act of 1979 
(19 U.S.C. 2501 et seq.), or any international agreement to 
which the United States is a party.
    (c) Definition.--For purposes of this section, the term 
``Buy American Act'' means title III of the Act entitled ``An 
Act making appropriations for the Treasury and Post Office 
Departments for the fiscal year ending June 30 1934, and for 
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
seq.).
                              ----------                              

32. An Amendment To Be Offered by Representative McNulty of New York or 
            Representative Solomon of New York or a Designee

    At the end of title X (page 377, after line 19), insert the 
following new section:

SEC. 1033. POLICY CONCERNING EXCESS DEFENSE INDUSTRIAL CAPACITY.

    (a) Findings.--Congress finds as follows:
          (1) The Base Closure and Realignment Commissions have 
        recommended that certain Government-owned defense 
        industrial facilities which produce goods and services 
        that were required during the Cold War, but which are 
        no longer required for the national security, be 
        closed.
          (2) The Secretary of Defense has determined that the 
        maintenance of certain other Government-owned defense 
        industrial facilities is necessary to support the 
        research, development, and manufacture of goods and 
        services that are still required to protect the 
        security of the United States.
          (3) These Government-owned defense industrial 
        facilities are critical to the security of the Nation 
        and should remain under Government control.
          (4) Current work requirements at some of these 
        Government-owned defense industrial facilities have 
        fallen below a reasonably economic level of operation, 
        increasing the cost of producing required goods and 
        services.
          (5) Existing law and policy have failed to address 
        adequately the supplemental requirements necessary to 
        operate these Government-owned defense industrial 
        facilities in a cost-efficient manner and, thereby, to 
        maintain appropriate readiness for future national 
        security needs.
          (6) The security interests of the United States would 
        be served by the establishment under law of a policy 
        that requires the best-value operation of Government-
        owned defense industrial facilities.
          (7) Such a policy should include, but not necessarily 
        be limited to, requirements that--
                  (A) the required capability and capacity not 
                being fully used at such Government-owned 
                facilities be maintained with separate funding 
                so as to stabilize operational costs; and
                  (B) those facilities not be limited by 
                workyear/end strength hiring constraints.
    (b) Prohibition.--No funds appropriated pursuant to an 
authorization of appropriations in this Act may be used for 
capital investment in, or the development and construct of, a 
defense industrial facility unless the Secretary of Defense 
certifies to the Congress that no similar capability or 
minimally used capacity exists in any other Government-owned, 
Government-operated defense industrial facility.
                              ----------                              

33. An Amendment To Be Offered by Representative Kolbe of Arizona or a 
                                Designee

    At the end of title X (page 377, after line 19), insert the 
following new section:

SEC. 1033. USE OF INMATE LABOR AT MILITARY INSTALLATIONS.

    (a) Use of Inmate Labor Authorized.--(1) Chapter 155 of 
title 10, United States Code, is amended by adding at the end 
the following new section:

``Sec. 2610. State and local correctional institutions: use of inmate 
                    labor

    ``(a) Use of Inmate Labor.--The Secretary of a military 
department may enter into an agreement with a State or local 
government under which nonviolent offenders incarcerated in a 
correctional facility under the jurisdiction of that government 
may be made available to the Secretary to perform the services 
described in subsection (c) at a military installation under 
the jurisdiction of the Secretary.
    ``(b) Expenses.--(1) Except as provided in paragraph (2), 
in order to enter into an agreement pursuant to subsection (a), 
a State or local government shall agree to provide inmates to 
the Secretary of the military department concerned without 
charge to the Federal Government. The Secretary shall not 
provide compensation to an inmate who performs services 
pursuant to the agreement.
    ``(2) The Secretary may agree to reimburse the State or 
local government for administrative and other costs incurred by 
the government as a direct result of providing and overseeing 
inmate labor at a military installation. The Secretary may pay 
a nominal fee to support alcohol and drug abuse treatment 
programs for the inmates who perform services under the 
agreement. The Secretary may also furnish equipment, supplies, 
and other materials to be used by the inmates in performing 
services under the agreement and provide meals to the inmates 
while they are present at the installation.
    ``(c) Authorized Services.--Subject to subject (d), inmates 
provided to a military installation pursuant to an agreement 
under subsection (a) may be used to perform the following 
services:
          ``(1) Construction, maintenance, or repair of roads 
        at the installation.
          ``(2) Clearing, maintaining, or reforesting of public 
        lands.
          ``(3) Construction of levees or other flood 
        prevention structures.
          ``(4) Custodial services.
          ``(5) Construction, maintenance, or repair of any 
        other public ways or works.
    ``(d) Conditions on Acceptance of Services.--The Secretary 
of the military department concerned shall ensure that the use 
of inmate labor at a military installation under this section 
does not--
          ``(1) displace Government employees or defense 
        contractor employees at the installation;
          ``(2) impair a contract for the provision of services 
        at the installation; or
          ``(3) involve the performance of services in skills, 
        crafts, or trades in which there is a surplus of 
        available gainful labor in the locality of the 
        installation.
    ``(e) Acceptance of Services.--Notwithstanding section 1342 
of title 31, United States Code, the Secretary may accept the 
services provided by inmates made available to a military 
installation pursuant to an agreement entered into under 
subsection (a).
    ``(f) Application of Other Laws.--The Fair Labor Standards 
Act of 1938 (29 U.S.C. et seq.), section 1 of the Act of March 
3, 1931 (Chapter 411; 40 U.S.C. 276a; commonly known as the 
Davis-Bacon Act), section 1 of the Act of June 30, 1936 
(Chapter 881; 41 U.S.C. 35; commonly known as the Walsh-Healey 
Act), and section 2 of the Service Contract Act of 1965 (41 
U.S.C. 351) shall not apply with respect to the use of inmate 
labor at a military installation pursuant to an agreement 
entered into under subsection (a).''.
    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item:

``2610. State and local correctional institutions: use of inmate 
          labor.''.

    (b) Effective Date.--Section 2610 of title 10, United 
States Code, as added by subsection (a), shall take effect on 
October 1, 1995.
                              ----------                              

  34. An Amendment To Be Offered by Representative Morella of Maryland

    At the end of title XII (page 409, after line 18), add the 
following:

SEC. 1228. SENSE OF THE CONGRESS REGARDING THE CHEMICAL WEAPONS 
                    CONVENTION.

    (a) Findings.--The Congress finds that--
          (1) events such as the March 1995 terrorist release 
        of a chemical nerve agent in the Tokyo subway, the 
        threatened use of chemical weapons during the 1991 
        Persian Gulf War, and the widespread use of chemical 
        weapons during the Iran-Iraq War of the 1980's are all 
        potent reminders of the menace posed by chemical 
        weapons, of the fact that the threat of chemical 
        weapons is unappreciated and not sufficiently 
        addressed, and of the need to outlaw the development, 
        production, and possession of chemical weapons;
          (2) the Convention on the Prohibition of the 
        Development, Production, Stockpiling, and Use of 
        Chemical Weapons and on Their Destruction (hereafter in 
        this section referred to as the ``Convention'') would 
        establish a more comprehensive ban on chemical weapons, 
        and its negotiation has enjoyed strong bipartisan 
        congressional support, as well as the support of the 
        last 6 administrations, both Republican and Democratic;
          (3) United States military authorities, including 
        Chairman of the Joint Chiefs of Staff General John 
        Shalikashvili, have stated that United States military 
        forces will deter and respond to chemical weapons 
        threats with a robust chemical defense and an 
        overwhelming superior conventional response, as 
        demonstrated in the Persian Gulf War, and have 
        testified in support of the Convention's ratification;
          (4) the Congress in 1985 mandated the unilateral 
        destruction of the bulk of the chemical weapons 
        stockpile of the United States, and the Convention, 
        which requires participating states to destroy their 
        chemical arsenals and production facilities under 
        international supervision, would accelerate progress 
        toward the disarmament of chemical weapons in a 
        majority of the states believed to harbor chemical 
        weapons capabilities, as this majority is among the 
        Convention's 159 signatories;
          (5) the United States chemical industry was an 
        important partner during the negotiation of the 
        Convention, assisted in crafting a reasonable, 
        effective verification protocol, participated in both 
        United States and international trials to implement 
        provisions of the Convention during its negotiation, 
        and testified in support of the Convention's 
        ratification;
          (6) the United States intelligence community has 
        testified that the Convention will provide new and 
        important sources of information, through regular data 
        exchanges and routine and challenge inspections, to 
        improve the ability of the United States to assess the 
        chemical weapons status in countries of concern;
          (7) the Convention will gradually isolate and 
        automatically penalize states that refuse to join by 
        preventing them from gaining access to dual-use 
        chemicals and creating a basis for monitoring illegal 
        diversions of those materials;
          (8) the Convention has not entered into force for 
        lack of the requisite number of ratifications; and
          (9) the United States played a leading role in 
        drafting the Convention and as a global leader, must 
        remain at the helm of this effort to deter further 
        proliferation of chemical weapons and provide the legal 
        framework that will minimize the threat posed by 
        chemical weapons.
    (b) Sense of Congress.--It is the sense of the Congress 
that--
          (1) the United States should signify its commitment 
        to reducing the threat posed by chemical weapons by 
        promptly joining the 28 other nations that have 
        ratified the Convention;
          (2) both Houses of Congress should further 
        demonstrate United States preparedness to adopt the 
        Convention by acting expeditiously to pass the required 
        implementing legislation as soon as the Senate gives 
        its advice and consent to the ratification of the 
        Convention;
          (3) both Houses of Congress should continue to lend 
        their full support for the indefinite future to 
        programs that maintain, as the Convention allows and 
        monitors, United States defensive preparedness against 
        chemical weapons; and
          (4) the United States must be prepared to exercise 
        fully its rights under the Convention, including the 
        request of challenge inspections when warranted, and to 
        exercise leadership in pursuing punitive measures 
        against violators of the Convention, when warranted.
                              ----------                              

35. An Amendment To Be Offered by Representative Everett of Alabama or 
                              a Designee.

    Page 439, strike out the table relating to the Army 
National Guard and insert in lieu thereof the following new 
table:

      ARMY NATIONAL GUARD: EXTENSION OF 1993 PROJECT AUTHORIZATIONS     
------------------------------------------------------------------------
       State             Location           Project           Amount    
------------------------------------------------------------------------
Alabama...........  Tuscaloosa.......  Additions and            $800,000
                                        Alterations                     
                                        Armory.                         
                    Union Springs....  Additions and             300,000
                                        Alterations                     
                                        Armory.                         
New Jersey........  Fort Dix.........  Additions and           4,750,000
                                        Alterations                     
                                        Armory.                         
Oregon............  La Grande........  OMS..............         995,000
                                       Armory Addition..       8,049,000
------------------------------------------------------------------------

 36. An Amendment To Be Offered by Representative Kaptur of Ohio or a 
                                Designee

    Page 440, after the table relating to the Army Reserve, 
insert the following new table:

      ARMY NATIONAL GUARD: EXTENSION OF 1992 PROJECT AUTHORIZATIONS     
------------------------------------------------------------------------
       State             Location           Project           Amount    
------------------------------------------------------------------------
Ohio..............  Toledo...........  Armory...........      $3,183,000
------------------------------------------------------------------------

                              ----------                              

 37. An Amendment To Be Offered by Representative Molinari of New York 
         or Representative Bilbray of California or a Designee

    At the end of subtitle B of title XXVIII (page 470, after 
line 21), insert the following new section:

SEC. 2814. REMOVAL OF BASE CLOSURE PROPERTIES FROM APPLICATION OF 
                    SECTION 502 OF THE STEWART B. McKINNEY HOMELESS 
                    ASSISTANCE ACT.

    (a) Closures Under 1988 Act.--(1) Section 204(b) of the 
Defense Authorization Amendments and Base Closure and 
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is 
amended by striking out paragraph (6) and inserting in lieu 
thereof the following new paragraph:
    ``(6) Section 501 of the Stewart B. McKinney Homeless 
Assistance Act (42 U.S.C. 11411) shall not apply with respect 
to the transfer or disposal of real property located at 
military installations closed or realigned under this title.''.
    (b) Closures Under 1990 Act.--(1) Section 2905(b) of the 
Defense Base Closure and Realignment Act of 1990 (part A of 
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is 
amended by striking out paragraphs (6) and (7) and inserting in 
lieu thereof the following new paragraph:
    ``(7) Section 501 of the Stewart B. McKinney Homeless 
Assistance Act (42 U.S.C. 11411) shall not apply with respect 
to transfer or disposal of real property located at military 
installations closed or realigned under this part.''.
                              ----------                              


38. An Amendment To Be Offered by Representative Traficant of Ohio or a 
                                Designee

    At the end of subtitle C of title XXVIII (page 490, after 
line 2), insert the following new section:

SEC. 2834. LAND CONVEYANCE, ARMY RESERVE CENTER, YOUNGSTOWN, OHIO.

    (a) Conveyance Authorized.--The Secretary of the Army may 
convey, without consideration, to the City of Youngstown, Ohio, 
all right, title, and interest of the United States in and to a 
parcel of excess real property, including improvements thereon, 
that is located at 399 Miller Street in Youngstown, Ohio, and 
contains the Kefurt Army Reserve Center.
    (b) Condition of Conveyance.--The conveyance authorized 
under subsection (a) shall be subject to the condition that the 
City of Youngstown retain the conveyed property for the use and 
benefit of the Youngstown Fire Department.
    (c) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory to 
the Secretary. The cost of such survey shall be borne by the 
City of Youngstown.
    (d) Additional Terms and Conditions.--The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States.
                              ----------                              

39. An Amendment To Be Offered by Representative Forbes of New York or 
                               a Designee

    At the end of subtitle C of title XXVII (page 490, after 
line 2), insert the following new section:

SEC. 2834. MODIFICATION OF LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL 
                    RESERVE PLANT, CALVERTON, NEW YORK.

    (a) Condition on Conveyance.--Subseciton (b) of section 
2833 of the Military Construction Authorization Act for Fiscal 
Year 1995 (division B of Public Law 103-337; 108 Stat. 3061) is 
amended by striking out ``to replace all or a part of the 
economic activity lost at the Naval Weapons Industrial Reserve 
Plant''.
    (b) Removal of Reversionary Interest; Addition of Lease 
Authority.--Subsection (c) of such section is amended to read 
as follows:
    ``(c) Lease Authority.--Until such time as the real 
property described in subsection (a) is conveyed by deed, the 
Secretary may lease the property, along with improvements 
thereon, to the Community Development Agency in exchange for 
security services, fire protection, and maintenance provided by 
the Community Development Agency for the property.''
    (c) Conforming Amendments.--Subsection (e) of such section 
is amended by striking out ``subsection (a)'' and inserting in 
lieu thereof ``subsection (a) or a lease under subsection 
(c)''.
                              ----------                              


40. An Amendment To Be Offered by Representative Hastings of Washington 
                             or a Designee

    At the end of subtitle C of title XXVIII (page 490, after 
line 2), insert the following new section:

SEC. 2834. LAND EXCHANGE, FORT LEWIS, WASHINGTON

    (a) Conveyance Authorized.--The Secretary of the Army may 
convey to Weyerhauser Real Estate Company, Tacoma, Washington 
(in this section referred to as ``WRECO''), all right, title, 
and interest of the United States in and to a parcel of real 
property at Fort Lewis, Washington, known as an unimproved 
portion of Tract 1000 (formerly being in the DuPont Steilacoom 
Road, consisting of approximately 1.23 acres), and Tract 26E, 
0.03 acre.
    (b) Consideration.--As consideration for the conveyance 
authorized by subsection (a), WRECO shall convey or cause to be 
conveyed to the United States by warranty deed all right, 
title, and interest in and to a 0.039 acre parcel of real 
property located within the boundaries of Fort Lewis, 
Washington, together with other consideration acceptable to the 
Secretary. The total consideration conveyed to the United 
States shall not be less than the fair market value of the land 
conveyed under subsection (a).
    (c) Determination of Fair Market Value.--The determinations 
of the Secretary of the Army regarding the fair market values 
of the parcels of real property and improvements to be conveyed 
pursuant to subsections (a) and (b) shall be final.
    (d) Description of Property.--The exact acreage and legal 
description of the parcels of real property to be conveyed 
pursuant to subsections (a) and (b) shall be determined by 
surveys that are satisfactory to the Secretary of the Army. The 
cost of such surveys shall be borne by WRECO.
    (e) Effect on Existing Reversionary Interest.--The 
Secretary may enter into an agreement with the appropriate 
officials of Pierce County, Washington, under which--
          (1) the existing reversionary interest of Pierce 
        County in the lands to be conveyed by the United States 
        under subsection (a) is extinguished; and
          (2) the conveyance to the United States under 
        subsection (b) is made subject to a similar 
        reversionary interest in favor of Pierce County in the 
        lands conveyed under such subsection.
    (f) Additional Terms and Conditions.--The Secretary may 
require such additional terms and conditions in connection with 
the conveyances under this section as the Secretary considers 
appropriate to protect the interests of the United States.
                              ----------                              

  41. An Amendment To Be Offered by Representative Hall of Ohio or a 
                                Designee

    On page 532, after line 5, insert the following new 
section:

SEC. 3145. ACCELERATED SCHEDULE FOR ENVIRONMENTAL MANAGEMENT 
                    ACTIVITIES.

    (a) Accelerated Cleanup.--The Secretary of Energy shall 
accelerate the schedule for environmental management activities 
and projects for any specific Department of Energy defense 
nuclear facility site if, in the opinion of the Secretary, such 
an accelerated schedule will result in substantial long-term 
cost savings to the Federal Government and speed up release of 
land for economic development.
    (b) Site Selection.--In selecting sites for an accelerated 
schedule under subsection (a), the Secretary shall give highest 
priority to sites that are in close proximity to populated 
areas, that pose significant risk, and that have the greatest 
potential to result in privatization, commercialization, and 
economic development of unneeded facilities.
    (c) Eligibiity.--For purposes of subsection (a), 
environmental management activities and projects shall be 
eligible for an accelerated schedule under subsection (a) if 
the time for completion at the site of such activities can be 
reduced by 50 percent or more below the time established in the 
report of the Department of Energy Office of Environmental 
Management titled ``1995 Baseline Environmental Management 
Report'', March 1995.
    (d) Savings Provision.--Nothing in this section shall be 
construed as affecting a specific statutory requirement for a 
specific project, being contrary to a statutory requirement 
existing as of the date of the enactment of this Act, or 
increasing the risk of injury to an individual or to a 
community.
                              ----------                              


42. An Amendment To Be Offered by Representative Solomon of New York or 
                               a Designee

    At the end of title IX (page 345, after line 17), insert 
the following new section:

SEC. 909. NAVAL NUCLEAR PROPULSION PROGRAM.

    No department or agency may (except as otherwise provided 
by law) regulate or direct any function of the Naval Nuclear 
Propulsion Program without the concurrence of the Secretary of 
Defense and the Secretary of Energy. Any change in the basic 
structure of that program, the basic authorities exercised 
under that program, or the basic functions and responsibilities 
carried out through that program may only be made by law.

    EXPLANATION: This amendment would serve to reinforce the 
existing oversight authority the Navy maintains over the Naval 
Nuclear Propulsion Program.
                              ----------                              

 43. An Amendment To Be Offered by Representative Hunter of California 
                             or a Designee

    Page 326 (section 805), line 5, strike ``Vessel 
components.--'' and insert in lieu thereof ``Vessel components 
for all branches of the armed forces.--''.
    Page 326 (section 805), strike lines 14 through 20 and 
insert in lieu thereof the following:
          ``(B) Ship and marine equipment, including the 
        following: cable assemblies, hose assemblies, 
        hydraulics and pumps for steering, gyrocompasses, 
        marine autopilots, electronic navigation chart systems, 
        navigators, attitude and heading reference units, power 
        supplies, radars, steering controls, pumps, engines, 
        turbines, reduction gears, motors, refrigeration 
        systems, generators, propulsion and machinery control 
        systems, and totally enclosed lifeboards, including 
        associated davits and winches.''.

    EXPLANATION OF AMENDMENT: This amendment would expand the 
items covered under the Buy America provisions. Specifically 
these items relate to marine equipment.
                              ----------                              


44. An Amendment To Be Offered by Representative Dellums of California 
                             or a Designee

    In title III (page 63, after line 6), insert the following 
new section:

SEC. 304. OFFICE OF ECONOMIC ADJUSTMENT.

    Of the amount authorized in section 301(5) for Defense-wide 
activities, $60,578,000 is for the Office of Economic 
Adjustment of the Department of Defense.
                              ----------                              

45. An Amendment To Be Offered by Representative Woolsey of California 
                             or a Designee

    At the end of subtitle C of title XXVIII (page 490, after 
line 2), insert the following new section:

SEC. 2834. MODIFICATION OF EXISTING LAND CONVEYANCE, HAMILTON AIR FORCE 
                    BASE.

    (a) Authorities in Event of Partial Sale.--In the event 
that the purchaser purchases only a portion of the Sale Parcel 
and exercises its option to withdraw from the sale as to the 
rest of the Sale Parcel, the portion of the Sale Parcel that is 
not purchased (other than Landfill 26 and an appropriate buffer 
area around it and the groundwater treatment facility site), 
together with any of the land referred to in section 9099(e) of 
Public Law 102-396 that is not purchased by the purchaser, may 
be sold to the City of Novato, in the State of California, for 
the sum of One Dollar as a public benefit transfer for school, 
classroom or other educational use, for use as a public park or 
recreation area or for further conveyance as provided herein, 
subject to the following restrictions: (1) if the City sells 
any portion of such land to any third party within 10 years 
after the transfer to the City, which sale may be made without 
the foregoing use restrictions, any proceeds received by the 
City in connection with such sale, minus the demonstrated 
reasonable costs of conducting the sale and of any improvements 
made by the City to the land following its acquisition of the 
land (but only to the extent such improvements increase the 
value of the portion sold), shall be immediately turned over to 
the Army in reimbursement of the withdrawal payment made by the 
Army to the contract purchaser and the costs of cleaning up the 
Landfill and (2) until one year following completion of the 
cleanup of contaminated soil in the Landfill and completion of 
the groundwater treatment facilities, the sale must be at a 
per-acre price for the portion sold that is at least equal to 
the per-acre contract price paid by the purchaser for the 
portion of the Sale Parcel purchased under the Agreement and 
Modification, as amended, and thereafter must be at a price at 
least equal to the fair market value of the portion sold. The 
foregoing restrictions shall not apply to a transfer to another 
public or quasi-public agency for public uses of the kind 
described above. The deed to the City shall contain a clause 
providing that, if any of the proceeds referred to in clause 
(1) are not delivered to the Army within 30 days after sale, or 
any portion of the land not sold as provided herein is used for 
other than education, park or recreational uses, title to the 
applicable portion of such land shall revert to the United 
States at the election of the Administrator of the General 
Services Administration. The Secretary of the Army shall agree 
to deliver into the applicable closing escrow an 
acknowledgement of receipt of any proceeds described in clause 
(1) above and a release of the reverter right as to the 
affected land, effective upon such receipt.
    (b) Special Conveyance Regarding Building 138 Parcel.--The 
Secretary of the Army may convey the Building 138 parcel, which 
has been designated by the parties as Parcel A4 to the 
purchaser of the Sale Parcel. The per-acre price for the 
portion sold shall be at least equal to the per-acre contract 
price paid by the purchaser for the portion of the Sale Parcel 
purchased under the Agreement and Modification, dated September 
25, 1990, as amended.
                              ----------                              

   46. An Amendment To Be Offered by Representative Spratt of South 
                         Carolina or a Designee

    In the matter proposed to be added by section 805(c) (page 
XXX, after line XXX), insert before the period the following: 
``, notwithstanding section 33 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 429)''.
                              ----------                              


                                 PART 3

    (The amendment modifying the committee amendment in the 
nature of a substitute):
    Page 541, strike lines 3 through 15, and insert the 
following new subsection:
    ``(e) Treatment of State of California Claim.--(1) All 
claims against the United States by the State of California or 
the Teachers' Retirement Fund of the State of California with 
respect to land within the Naval Petroleum Reserve Numbered 1 
or production or proceeds of sale from the reserve shall be 
resolved only as follows:
          ``(A) A payment from funds provided for this purpose 
        in advance in appropriation Acts.
          ``(B) A grant of nonrevenue generating land in lieu 
        of such a payment pursuant to sections 2275 and 2276 of 
        the Revised Statutes of the United States (43 U.S.C. 
        851 and 852).
          ``(C) Any other means that would not be inconsistent 
        with the Congressional Budget Act of 1974 (2 U.S.C. 621 
        et seq.).
          ``(D) Any combination of subparagraphs (A), (B), and 
        (C).
          ``(2) The value of any payment, grant, or means (or 
        combination thereof) under paragraph (1) may not exceed 
        an amount equal to seven percent of the proceeds from 
        the sale of the reserve, after deducting the coats 
        incurred to conduct the sale.